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Can a Husband or Wife Exert Undue Influence on Someone Who Makes a Will?
Marriage, and the relationship between a husband and a wife, is one that seems to make it difficult to prove that a decedent’s free will was altered by the undue influence exerted by his or her spouse. On the one hand, undue influence is shown when someone exerts so much pressure or authority over… Read More »
The Use of Property and Business Appraisers in Probate Cases
One of the most important parts of a probate case, is assigning a value or worth, to the property in the estate. This is important first, because the value will determine whether a probate case is even needed in the first place. It also may be important because for property that needs to be… Read More »
What is a Probate or Will Contest Really Like?
The goal of a good will or estate plan, is to avoid a contested probate challenge. But probate challenges can and do happen, and when they do, many times the personal representative, and the beneficiaries of the will, are not prepared for what comes next. What’s the Goal? Probate challenges are not heard by… Read More »
Buying and Selling Property in Probate
Real estate plays an important role in probate cases. You are generally one of two people. You either are the personal representative, and you are seeking to sell real estate, so that you can distribute the assets to the named beneficiaries. Or you are a potential buyer, trying to get a good deal on… Read More »
The Benefits of Mediating Your Probate Case
When people talk about divorces, they often talk about how bitter they are, how emotional, and how they can drag on for years. But nobody says the same thing about disputes in probate court—even though in many ways, family disputes in probate court can be even more bitter and drawn out. Why Families May… Read More »
If You’re a Personal Representative Don’t Make These Mistakes
Probate law says what happens to your belongings and assets, after you pass—between the law, and any will that you may have, your assets may be distributed to beneficiaries, organizations, creditors, or all of them. Why is a Personal Representative Needed? But assets don’t go places by themselves. They need a human being to… Read More »
Unclaimed Property and Beneficiaries Who Can’t be Found
In probate court, when someone doesn’t have a will or other estate documents, the property of the deceased will pass according to Florida law—those are called intestacy statutes, or passing by intestate. But regardless of whether by will, or by intestate statutes, there needs to be an actual beneficiary to receive whatever is being… Read More »
What Happens to Student Loans in Probate Court?
Student loans and student loan repayment is a hot political topic nowadays. But there’s one thing that everybody should agree on: it’s hard to pay back student loans after you pass away. What happens when someone passes away, and that person still has or owes student loans? Federal Loans The answer to this question… Read More »
Undue Influence Claims When the Beneficiary Was Close to the Deceased
Imagine this scenario: A single elderly man develops a close friendship with another man, a caretaker, who helps the elderly man with his day to day activities. As the elderly man becomes more disabled and frail, the helper takes a larger part in the elderly man’s life. As a thank you, the elderly man… Read More »
Survivorship Clauses and Simultaneous Death in Probate Court
When you think of leaving property to someone as part of your estate plan, you might just assume that they will be around long enough to enjoy and appreciate what you may have left them. But that’s not always the case. Sometimes, a beneficiary passes away very quickly after the deceased passes away, and… Read More »
