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Probate Litigation Archives

Estate settlement doesn't have to be intimidating

When a loved one dies, many people are unprepared for all the tasks that they are faced with. In addition to the personal loss of a beloved family member, there is a lot of work to be done regarding the probate and estate process. Many Central Florida residents opt to take on this burden themselves, but this can often backfire.

Can probate estate administration be simple?

When one thinks about probate administration, the word simple rarely -- if ever -- comes to mind. Most people tend to fear this process, as it can be long, drawn-out and somewhat complicated. However, in Florida there is a form of probate estate administration that can be fairly simple to complete.

Probate litigation does not have to be a scary or unpleasant

There are many people in Florida and elsewhere that cringe at the word probate. There are a lot of misconceptions about probate litigation. The simple truth is that it can actually be a good thing, and it can help resolve any issues that may arise with the administration of an estate.

When might probate litigation be a good thing?

Florida residents who have planned their estates have likely done all they can to ensure that any potential issues have not been overlooked. Wanting one's estate to be divided as intended is understandable as is wanting one's beneficiaries to avoid probate litigation unless it is absolutely necessary. Is there a time, though, when probate may actually be a good thing?

Time frame for filing creditor claims on an estate in Florida

Those who are charged with closing out an estate in Florida -- for a loved one, friend, client or acquaintance -- have, in a manner of speaking, a lot on their plates. In this process, there are quite a few questions that are likely to come to mind that will need answering before the distribution of an estate can begin. One such question may involve what kind of time frame is there for filing creditor claims against the estate.

2 of B.B. King's daughters accuse executor of murder

It is not necessary for people in Florida to name a family member to be the personal representative of their estate. Also known as an executor, the personal representative is the person or entity charged with administering the testator’s estate after he or she passes away. Under Florida law, a personal representative must either be a state resident, or a parent, child or close relative of the decedent.

Who can challenge a will?

While creating or updating your estate plan, it may be worthwhile to take a minute to consider who might step forward to challenge your will after you die. A will challenge is probably unlikely, but it is never impossible that someone will try to get your will tossed out in probate court, due to some complaint.

Can where I die affect my will's validity in probate court?

Long ago, it was common for people to live their entire lives in the same small area, perhaps never travelling more than a few miles away. Today, of course, people tend to travel often, whether for business, vacation or to visit distant relatives.

Glen Campbell's children accuse wife of improper Alzheimer's care

Recently, we have shared a pair of stories about family probate disputes following the death of a celebrity. Many of these cases are about contesting the terms of the celebrity’s will. However, many estate plan disputes are about the testator’s medical care while he or she is still alive.

Ernie Banks' family contesting will that cuts them out

Once again, we have the story of the estate of a beloved celebrity becoming the subject of litigation. Just a couple of weeks ago, we discussed the battle between Robin Williams’ wife and children over the terms of his trust. High-profile cases like this one show that, when a decedent leaves behind a large estate, the chances of a contest in probate court may be higher than for the average estate.

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