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Would You Be Able to Spot Undue Influence or Coercion?
When someone makes a will, there are two basic requirements for the will to be valid: The person must know and appreciate the consequences of his or actions–that is, be mentally competent to make the will or other estate document. And the estate documents must not be the result of duress, pressure, force or… Read More »
What Happens if a Will is Contradictory, Confusing or Ambiguous?
A will is ultimately a document that is written by a human being, and as such, we humans are prone to errors. One of those errors is confusion or ambiguity, when writing documents like contracts or a will. That can leave your beneficiaries confused, the status of your will in doubt, and a leave… Read More »
Who Pays Back the Expenses Related to a Homestead Property in Probate?
In the process of administering an estate in probate court, especially an estate that has real property or a homestead, the way that these expenses are classified affects who pays them. It even affects whether or not those expenses can attach to homestead property as a lien on the property itself. Beneficiaries Inheriting a… Read More »
Grounds to Challenge Creditor Claims Against an Estate in Probate
When someone passes away, their creditors have a right to make claims on the estate, and, depending on their priority, get paid from the proceeds of the estate before any beneficiaries see any of the assets of the estate. But just because a creditor validly and timely makes a claim on the proceeds of… Read More »
Can You Leave Stuff You Don’t Even Own Yet to People in Your Will?
When you write a will, or draft an estate plan, you generally leave everything you have, to whomever you designate as a beneficiary to receive those items. But what about items you don’t have yet, but expect to have later on? Or assets that you may or may not ever come into possession of?… Read More »
Get Ready for Increased Property Taxes if You Inherit Property
For many who own real property like a house, that property is the most valuable asset that the person has to leave to family and beneficiaries. The inheritance of property, such as a home, in probate, can, for some individuals, be a great benefit, if not a windfall. But people who inherit property, often… Read More »
Challenging a Will vs. Challenging a Trust in Probate Court
Although when it comes to estate planning people mostly speak about wills, trusts also are invaluable ways of preserving property and leaving it to loved ones down the road. But just as wills can be challenged in court, so too can trusts. But there are some small differences between challenging wills and challenging trusts…. Read More »
Proving Lack of Mental Capacity to Challenge a Will is Much Harder Than You May Think
As we age, many of us start to lose some of our cognitive abilities. And it’s not just age, but the effects of age–disease, physical medical conditions, the progression of pre-existing mental illness, trauma, and lots of other factors, all which can lead to mental and cognitive decline in people as we age–experiences all… Read More »
Should Spouses Consider a Joint Will?
As a married couple, the thinking is that everything should be done together. From owning property to having bank accounts to filing your taxes–things are generally done jointly, as a couple. Except when it comes to making a will, that may not be the best idea. Technically in Florida, every person needs to either… Read More »
Understanding Probate Fees and Costs
Probating an estate has costs and fees attached to it, in many cases, costs that beneficiaries and others may not anticipate. While these are expenses everybody would rather avoid, they are necessary to the probate process and to ensuring the proper distribution to the beneficiaries named in the will. Hard Costs for the Estate… Read More »
