If you were shocked and dismayed when you discovered the contents of your recently deceased Florida parent's will, you may be questioning whether or not you should challenge it. The answer to that question depends on what grounds you think you have for the...
Probate Litigation
Can the debt collector make me pay my deceased parents’ debt?
You are beginning to make funeral preparations after your father's recent passing when you start getting calls from creditors and mail from debt collectors. It seems that your parents had a significant amount of debt, and now their creditors expect the heirs to...
3 Myths about probate
Probate is an area of estate planning that is widely misunderstood. Many myths abound in this area of the law, and you should know how to separate fact from fiction. Have a look at these three common myths about probate and see if you know the truth. When it comes to...
What happens if your parent dies without a will?
Losing a parent is heartbreaking. The stress and sadness of the tragedy are even stronger when you find out there is no will. If there are no written instructions about how to distribute the estate, you are probably feeling a lot of confusion. You probably have...
3 surprising facts about probate
Did you know that your assets may go through the probate process once you pass away? Unless you transfer your assets to your heirs through a living trust, pay-on-death accounts, gifts or joint ownership, much of your estate may go through probate before distribution....
What you need to know about challenging a will
Do you believe you are losing out on your inheritance? If so, you may be considering contesting the will. It is frustrating to learn that you are not receiving anything from your parent. A will contest is a lawsuit you may be able to file to invalidate the will. You...
Should I avoid probate?
Probate is the distribution of an estate after someone has passed away. It is usually a lengthy and expensive process that can cut into the value of the estate and cause a lot of stress for family members in the months or years after a death while everything is being...
Florida probate litigation: part 5, conclusion
This final installment of this column's probate topic will discuss how long the probate process takes to complete. The truth is, probate litigation -- whether completed in Florida or elsewhere -- can take a bit of time. Every case is different.For some individuals,...
Understanding probate litigation in Florida: Part 4
This week's column will focus once again on probate in Florida. This time, the subject that will be addressed is the rights of the decedent's family members during probate litigation. For one reason or another, surviving family members may not be left anything in an...
Understanding probate litigation in Florida: Part 3
As a continuation of the probate in Florida topic, this article is going to address what obligations an estate has to creditors. Probate litigation is not just used by family members to administer or contest an estate. Creditors are given a set period of time to make...
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