Category Archives: Probate Litigation
Will Interpretation Disputes
When a person leaves behind a will, you assume that the distribution of assets will go fairly smoothly. However, this is not always the case. When a decedent’s will contains ambiguous language, interested parties may bring a will construction action. A will construction action is a legal process where a court interprets ambiguous language… Read More »
Asset Valuation Disputes
Once you have located and collected the assets of the decedent’s estate, the next step is to determine the value of those assets. This valuation is generally required by the probate court and is important for several reasons: it helps assess whether the estate owes federal or state estate tax and aids beneficiaries in… Read More »
Rights of Heirs vs. Rights of Beneficiaries
There is a lot to know about estate planning, and you may wonder about heirs and beneficiaries. When planning your estate, you should know that these two terms are not the same and should not be used interchangeably. What inheritance rights do each have and how do they differ? What is an Heir? Broadly… Read More »
Digital Assets in Estate Litigation
As our lives move increasingly online, digital assets have become an important but often overlooked part of estate planning. These assets can carry significant financial, sentimental, and even legal value. This means that when someone dies, these assets can be a source of conflict during probate and estate disputes. Digital assets may include the… Read More »
Can You Disinherit Your Family?
Not many people think about disinheriting a family member (particularly a close one, like a child) or being disinherited, but it does happen sometimes. In fact, statistics show that roughly 30% of people have thought about disinheriting a family member. Whether or not it actually happens, though, is unknown, as this type of information… Read More »
Preparing for a Will Contest Deposition
After a loved one’s death, many people go through probate without too much trouble. However, there are some family members who will try to contest the will. They may have assumed they would receive more assets, or they might claim that the deceased was incapacitated and unable to create a valid will. When someone… Read More »
Can a Verbal Promise Override a Written Will?
Before your grandpa died, he verbally promised to give you his classic car that you have always had your eye on. When he passed away, you assumed you would get it. After all, he promised! But unfortunately, in the world of estate planning, a verbal promise, or oral agreement, is basically worthless. Unless it… Read More »
Disputes Over Real Estate in Probate
Probate is a common event after a person dies. Their estate must be settled, and unless there is a trust in place, the estate will have to go through the court. Probate can take a long time. For small, simple estates, the process may take 5 to 6 months. For more elaborate estates, probate… Read More »
Seven Carpenter Factors in Undue Influence Claims
In Florida probate litigation, a common ground for challenging a will or trust is undue influence by a beneficiary who had a confidential relationship with the decedent. One must show not only that such a relationship existed, but that the beneficiary actively procured the will or trust. Proving active procurement of a will or… Read More »
The Importance of Choosing the Right Executor
When it comes to creating an estate plan, choosing the right person to implement it is key. Once you get your will or trust in place, you then need to have someone in mind to manage your estate after you pass away. This may or may not be the hardest part of the whole… Read More »