Why Second Marriage Cases Could Result In Probate

There is a significant possibility that your estate plan could end up probate. If you choose to create a will, it has to. But what about probate litigation? And why would a second marriage lead to it?  People might point out that half of all marriages end in divorce. But what about second or even third marriages? The odds of divorce increase.  And the majority of people who get divorced do get Read More

The Road To Probate Litigation

Before we discuss how people end up in probate litigation, there needs to be a generalized understanding of what probate is. In Florida, when someone passes away, all of their money, property, belongings, and debts become their estate. This estate can get dispersed to surviving spouses, family members, and even to creditors that the deceased had obligations to repay. This is probate.  For example, if someone Read More

DNR Orders Explained

It is quite common to hear about do not resuscitate, or DNR, orders in television shows and movies. While they often play an important part on the screen, they may be a critical component of your advanced care directives in real life. In your life, a DNR could have a very real impact on what care you receive, so it is important to have a good understanding of what a DNR really means, why you might want one, and how Read More

5 Reasons to Update Your Estate Plan

A good estate plan should be written so that it will be effective long into the fault. While your estate plan may be legally enforceable for many years to come, the specific details within may need to be changed based on a number of factors in your life. This is why it is a good idea to review your estate plan at least once a year, and have it updated whenever there are significant changes to your situation. The Read More

Explaining Undue Influence on Wills in Florida

Sometimes, reading a loved one’s Will can be a shock. They may have entirely neglected close family members, or given it all to someone they didn’t seem that close to in life. In these cases, it is possible that there was undue influence on the Will. Undue influence is a challenge to the validity of a Will, trust, or other estate planning document that seems suspicious. Before we continue, let’s establish some Read More

Can You Sue if You Have Been Committed Under the Baker Act?

The state, whether that is referring to the state of Florida or the general concept of government, deals with a recurring dilemma: keeping the citizens safe and secure while also ensuring their liberties and freedoms are reasonably protected. A notable example that illustrates the state of Florida’s struggle with this question is the Baker Act, which is used to get prompt medical care for those who are exhibiting Read More

What Happens when a Guardian Breaches their Fiduciary Duty?

Just like the personal representative of an estate, executor of a Will, or trustee of a living trust, the guardian of an incapacitated Florida adult has an underlying duty to perform in the best interests of the ward (person who is incapacitated). Guardians may be Florida residents over the age of 18 or anyone who is a direct descendant to the ward and also 18 (or older). Guardians have the power to look after the Read More

When the Executor of a Will Breaches Fiduciary Duty

There is a significant amount of responsibility that goes to the person tasked with settling a decedent’s estate in probate court. This individual, usually referred to as the executor or personal representative, is often named in the decedent’s Last Will and Testament. The purpose of naming an executor is to entrust someone who is honest and responsible to handle everything related to the estate.  The executor has Read More

Trust-Related Litigation in Florida

A trust is a common estate-planning document that is used to accomplish a number of things for the settlor (creator of the trust). One reason an estate planner might elect to create a trust is to allow their beneficiaries, heirs, and loved ones avoid the time and stress of probate court after he or she passes away. This does not mean, however, that trusts (and trustees) are immune from litigation. In Florida, a Read More

ESTATE PLANNING IN THE TIME OF THE CORONAVIRUS PANDEMIC

As most of us can acknowledge, things are far from returning back to normal in the midst of this global pandemic. Slowly but surely we will reach a place of normalcy, but it’s not going to happen overnight. A variety of people have had to readjust their game plan in order to adhere to the new rules and regulations that have been enforced on us. Businesses can carry on as usual in certain fields, some of which Read More