Monthly Archives: January 2026
Problems in Marshalling Assets for the Personal Representative
Even with the best will, and the best estate plan, or even with Florida’s intestacy laws that say who gets what without a will, there is still one thing that must always be done in probate court: someone has to determine what the assets of the state actually are and where they are. After… Read More »
Making a Will for Someone Who Has Already Lost Testamentary Capacity
To make a valid and enforceable will, the person making a will must have what is known as testamentary capacity. In plain terms, it means that the person knows and appreciates when he or she is doing, and the consequences of her actions. Losing Mental Capacity Lack of mental capacity is one major reason… Read More »
What Happens When a Will is Lost or Can’t be Found?
As human beings we have a lot to juggle in our lives, and sometimes, things get lost. When we lose things, we at least can track our steps to see if the lost item can be located. But when a will goes missing, the person who made it, who would have an idea of… Read More »
Who Has the Right to Challenge the Validity of a Will?
When it comes to challenging wills in probate court, it’s easy to just look at the merits of the case; that is, whether or not there are legal grounds to do so, and what the chances of success might be. But there’s a preliminary question that must first must be answered; if you’re challenging… Read More »
