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...
Probate Litigation
When can families contest a will based on a lack of capacity?
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...
3 signs beneficiaries may need to remove a Florida executor
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...
Understanding ancillary probate: When and why is it needed?
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...
How long does it take to complete the Florida probate process?
Those who have not engaged in estate administration or who haven't lost any close loved ones as adults often don't know much about the probate process. Frequently, the only thing they know is that probate court is notorious for taking a long time to complete. Some...
3 concerns that often lead to will contests in Florida probate court
Wills often serve as the cornerstone of someone's estate plan, providing clear instructions on how to distribute their property to family members, loved ones and even charitable causes after they die. However, sometimes family members question whether a will is truly...
Will a no-contest clause keep you from challenging a will?
Human relationships are full of complexities, and they often change over time. You may have gone through a difficult time in your relationship with your parent at some point in the past, then reconciled long before they passed away. It can come as a shock, then, to...
What debts must you pay during Florida probate proceedings?
Estate administration and probate proceedings are lengthy and often frustrating for the people involved. The executor has to manage a lot of moving pieces and details, while the beneficiaries have to wait for everyone else to make claims before they can get their...
Overwhelmed by probate? Here are some tips to help
Probate can be overwhelming, especially if an estate is complex. That’s why it’s so important for people to consider getting support. Florida does require executors to be represented by attorneys, but you may want to choose to work with an attorney beyond what’s...
Getting an advance from the estate: Probate loans
If you are expecting to receive an inheritance from the estate of a loved one but that money has to go through probate, you may want to seek an advance from the estate. To do this, you’ll need to take out a probate loan. A probate loan is an immediate payment made to...
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