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...
Probate Litigation
After a parent passes, do you need a quitclaim deed?
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...
Why families sometimes worry about undue influence on a will
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...
What is probate and should I avoid it?
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...
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...
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