When Probate Litigation Becomes Your Only Option

Some people might gloss over this topic because they don’t intend for their assets to ever go through probate. But here are three examples of when probate is unavoidable: Dying without a will or trust Dying with a will  Dying with assets but not in an established trust Even if you create will, your assets will pass through probate. Trusts, however, will not have to go through probate. When you pass away Read More

3 Tips For Avoiding Conflict During Probate

Estate planning is for the benefit of your family. Imagine being in the middle of a large family argument. And these are the arguments that lead to probate litigation. There are several ways in which a lack of estate planning can instigate conflict amongst the people you love the most. Disagreements over inheritance Different interpretations of your will Disagreements on how to care for you  Get Ahead Read More

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