Contested Guardianships & Determining Incapacity

When someone is believed to be incapacitated, others may file for guardianship over that person. Ultimately, their goal is to receive the legal authority to make decisions on their behalf. There are numerous reasons why someone could contest a guardianship: The family members cannot agree as to who will become the guardian. The person believes they are not incapacitated and is capable of making their own Read More

Challenging A Will In Florida

This comes in a variety of ways. People need to be updating and modifying their estate plans throughout their lives. Consider the person who has children, gets divorced, remarries, and has more children. Those events are reasons to create or modify an estate plan or a will. To be clear, a will is one element that people may include in their estate planning process. Using the scenario above, what happens if that Read More

When & Why To Contact A Probate Attorney

Although any adult with assets should have an estate plan, not everyone decides to create them. Are they required to? No, but failing to do so could be at the expense of their family, friends, and loved ones.  When someone passes away without an estate plan, they have died intestate. Their assets go through probate. An executor uses those assets to pay off outstanding debts. Anything that remains gets distributed Read More

Can I Buy Property that is in Probate?

When someone passes away, their estate often has to go through the probate courts before any inheritance is distributed to the next of kin. Part of this process includes selling any debts that were owed by the estate. If the estate does not have enough cash assets on hand to settle the debts, the probate court will require that assets are sold to cover the expenses. In many cases, this means that a home or other Read More

3 Reasons A Will Can Be Contested

There are many reasons why a person would choose to avoid probate. In addition to being public, it can be costly and time-consuming. If you create a will, it is likely going to pass through probate. In some cases, small estates will not have to pass through probate. Each state sets its own threshold for what constitutes a small estate.  Although you cannot contest a will because you disagree with it, there are Read More

4 Emotions You May Feel During Probate Litigation

Probate court can be a stressful time no matter what the circumstances are. You just lost a loved one, and now you’re spending a huge amount of money and time in a courtroom hearing people who didn’t know them decide what should happen to their home, belongings, and remaining money. No one said it would be easy. Then Probate Litigation enters the picture. All of a sudden, something is wrong with this already Read More

What Probate Litigation Looks Like

There is a significant amount of information about avoiding probate litigation or recognizing it when it happens. However, it is worth establishing that there may be people facing the inevitable. For them, a will has been disputed, or an executor has violated their fiduciary duty. Because probate litigation happens after a loved one passes, probate litigation adds stress and confusion on top of an emotionally Read More

Tips For Meeting With Your Probate Attorney

People who face probate litigation are experiencing a wide range of emotions. In addition to bearing the emotional toll of a loved one’s passing, they are managing the stress of probate litigation. It isn’t uncommon for families to be tied up in bitter disputes for long periods.  Seeking out legal counsel is the first step towards finding the resolution you—and even the other members of your family need. To make Read More

Mistakes That Could Result In Probate Litigation

Probate is merely a legal process that manages the distribution of assets to the beneficiaries. Because that is a general and straightforward explanation of what happens, probate courts handle other things to facilitate this process. After someone passes away, not only is a probate court going to determine if a will was written, but they are going to ensure it is legal and valid. And the heirs are not the only Read More

Property Titles & Probate

Part of buying a home is ensuring that the property has a clean title. Checking for a clean title is your way of knowing that no one else can claim the property. Creditors may have a lien on the house, for example.  But what happens when you inherit real property? When a person establishes a will, it goes to probate after they pass away. Including a house or a piece of land in a will is not uncommon. All wills Read More