The major function performed by a will and a trust is similar. Wills and trusts form the estate planning that makes sure that the concerned trusted parties will distribute your assets according to your wish. This is applicable only upon your death. Wills and trusts ensure that your assets do not get squandered. They also protect your assets from fraud and other crimes. For estate planning in Miami, Get a lawyer for 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
Understanding your Responsibilities as Executor of a Will
Being named executor of an estate is an honor and a great responsibility. You should feel satisfied that someone, whether it be the decedent or probate judge, has entrusted you with distributing their prized possessions and other assets after their death. At times, though, it can feel like a burden for which you never requested. Outlined below are some key points to help familiarize you with the unique Read More
Don’t Put it Off: Why You Need a Will, Even If You’re Young and Healthy!
More than half of Americans don’t have any of the essential estate planning documents such as a Will. There may be many explanations for this trend, but one of them likely lies in the current U.S. demographics. In 2019, Millennials are projected to overtake Baby Boomers as America’s largest demographic. Currently, they constitute about a quarter of the total U.S. population. And a grand majority of Millenials - up to Read More
Defending Against a Will Contest
It’s a fair assumption to believe that when you or a loved one has taken the time to carefully plan out your Will, designate executors, and have it notarized, that there is no room for question or concern. Unfortunately, that is not always the case, and Will contestations are more common than you’d likely believe. As frustrating as it can be to have a deceased family member’s wishes called into question, there are Read More
On What Grounds Can You Contest a Will in Florida?
People often go through painstaking efforts to write their Wills. They take care to cross every “t,” dot every “i,” and pay for an attorney to go over it with a fine-tooth comb. All of these efforts are made in an attempt to make life easier on their family members and keep their estate out of probate courts after they pass away. Unfortunately, sometimes these efforts can be made in vain when family members call the Read More
3 Things a Will Can Do and 3 Things It Can’t
Many people may find that the thought of preparing a Will is unsettling, if not uncomfortable. It reminds us that not only are the people and things we love temporary, but of our mortality as well. As unpleasant as that may sound, this is exactly why a Will is unquestionably necessary! Recognizing that having an up-to-date Will is important, let’s discuss what Florida state law says a will has the power to do, Read More
Invalid Testaments: Florida Holographic & Nuncupative Wills
For obvious reasons, there are extremely strict laws and regulations surrounding the creation of an individual's Last Will & Testament. Wills provide significant incentive for fraudulent behavior and coercion on the part of those who stand to benefit from inheritances provided in the will. The law seeks to ensure that that the wishes of the will's testator (person who created the will) are appropriately and Read More
WHY AN ATTORNEY IS NEEDED TO DEVELOP A WILL
If you are looking to create a new will or even amend an existing will in Florida, you may be aware that you are not legally required to use an attorney. However, while do-it-yourself wills are available to you, utilizing them can leave you, your estate or your heirs vulnerable in several ways. Learning what situations can arise and might warrant the advice of an attorney is important to make sure that your estate Read More
HOW A WILL MAY BE CONTESTED
There may be times when a Florida resident is surprised by the contents of a relative’s will after the person dies. Sometimes this surprise is pleasant but, in other cases, it not. When a problem may exist with a will, the option to contest it does exist. AARP notes that this may be difficult but there are four avenues via which people can pursue the revocation of a will after the creator’s death. One reason to Read More