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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 »
Not Every Asset Goes Through Probate
You may know that, at a very basic level, all assets of a deceased person go through the probate court, as part of the deceased’s estate and are eventually distributed in accordance with a will, estate plan, or in the absence of any of those, pursuant to Florida’s intestacy statutes. But when we say… Read More »
