When a property owner dies, their real estate typically must go through probate before heirs can legally transfer, sell or refinance it. Probate is necessary to clear the title because the deceased owner can no longer sign documents or convey ownership rights. This...
Losing a loved one is painful, and probate can add another layer of stress. This court process decides how debts are paid and how property is divided. Since probate mixes legal rules with family emotions, conflicts often arise. Knowing why these disputes happen can...
Probate litigation related to the validity of a will often begins with one of a handful of concerns. Sometimes, family members believe that an outside party pressured the testator by exerting undue influence. Other times, they can clearly show that the terms included...
Many people never get around to drafting a will, so families are often grateful when they find a testamentary instrument among their loved one's possessions after they die. The presence of a will takes the guesswork out of estate administration and can help prevent...
When a parent dies, you might wonder about how to handle their house. This is especially true if only that parent’s name is on the title. Many people wonder whether a quitclaim deed is the best way to transfer the house to its new owner. Do you need one of these legal...
People sometimes need to initiate probate litigation because they question the terms of an estate plan. Some contests arise because a testator included provisions that violate state law. Other times, families may assert that an individual had already experienced...
Probate is the legal process that happens after a person passes away. A probate court looks at the person’s will to make sure it is valid and oversees the distribution of the person’s assets according to the person’s will. If the person who passed away did not leave a...
Most estates proceed through the Florida probate court system without many challenges or issues. However, some estates require more careful review from the courts. Sometimes, surviving family members and presumptive beneficiaries of a Florida resident feel uneasy...
The executor or personal representative of an estate will have a lot of responsibilities to fulfill. They must manage the probate process in the courts and take care of the resources left behind by the decedent. They have to distribute assets, file tax returns and...
It’s not unusual for folks who live in areas with harsh winters to migrate down to Florida each year for the duration – but when these “snowbirds” pass away it can create some major confusion about their estates and the probate process. Probate is the formal process...
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