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

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

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

Understanding the Role of the Personal Representative in Probate

A personal representative is one of the key figures in probate proceedings. In this formal process overseen by the court, a personal representative plays a crucial role in managing the deceased person’s estate. An effective personal representative may ensure that the decedent’s assets find their way to the appointed heirs and beneficiaries without any unnecessary delays. Since probate proceedings can be Read More

A Brief Guide to the Probate Appeals Process

When a deceased person’s Will and estate go to probate, parties who have some financial or personal interest in the estate may not always be completely satisfied with a court’s decision regarding various aspects of the process. If you disagree with how matters have been handled with regards to a probate issue you or your family member have been involved with, you may resort to the probate appeals process. In this Read More

How to Avoid Sending Your Estate Through Probate

The probate process involves formal court proceedings in which the assets of a deceased person are divided and transferred to beneficiaries and heirs. This process is usually costly and time-consuming, involves a lot of paperwork, and can be uncomfortable for the surviving members of the family due to its public status. That’s why it is usually advisable to take steps to avoid sending the estate through Read More

Who Gets What? Paternity Issues in Probate

When it comes to inheritance litigation, paternity actions have their own unique challenges, especially in Florida probate proceedings. One of the biggest is that they can be time-barred, depending on when the action commences. If a man dies without a will, all children born of his current and / or previous marriages are entitled to a share of his estate as determined by the Florida laws of intestate succession. Read More

Asset Exceptions to the Laws of Intestate Succession

In the broadest definition, intestate succession is the court-mandated distribution of a deceased individual’s assets prompted by the lack of a will. When a person dies, the spouse and other heirs receive assets that fall under intestate succession laws, which provide for the disposition of assets based on the decedent’s familial circumstances at the time of his or her death. Florida residents that die before Read More