Tag Archives: Florida Probate Attorney
Stages of a Florida Probate Administration
With a formal probate administration, the court monitors the process closely and oversees the distribution of the decedent’s assets. The three main stages of a probate administration in Florida include: Opening the estate for probate Administering the estate Closing the estate for probate Opening a Florida Estate for Probate The first step is to… Read More »
What Role Does a Personal Representative Play in a Florida Probate?
When someone passes away and leaves a will, the estate will need to go through probate to verify the validity of the will and how the estate will be divided. The personal representative is a person, trust company, or bank who is appointed by judge to be the one in charge of administering the… Read More »
A Paternity Dispute During Probate
There are times when a man passes away that another adult or minor comes forward and claims to be that man’s child. This person, known as a putative child, may have the right to prove their paternity during the probate process. If they are the man’s biological child, then they may have the right… Read More »
Florida Law Protects Disinherited Spouses
Through your will, you may try to explicitly disinherit your spouse. This is something you may choose to do if your marriage has broken down, yet you and your spouse have chosen to remain legally married for a variety of reasons. It is also something you can attempt to do while you and your… Read More »
Shifting the Burden of Proof in an Undue Influence Matter
Undue influence can be a significant issue if you or a decedent’s other loved ones believe some other individual exerted their will over their elderly family member’s wishes. Inappropriate and excessive influence over an elderly person can result in unlawful real estate transfers, gifts, and changes to their will or trusts. If you believe… Read More »
Contesting a Will Based on Undue Influence
It is not uncommon to hear of an individual of advanced years suddenly changing his or her will. Despite having had a will in place for years, an elderly person, who is not as sharp as he used to, significantly alters his last wishes. If family drama premeditated the change, it may not be… Read More »
How to Contest a Will
If you have fears regarding the validity your deceased loved one’s will, you have the right and option to speak up. The first step in this journey is to speak with an experienced Florida probate attorney to determine if you there is evidence of grounds to contest a will. These may include mental incapacity,… Read More »
