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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 »
Protecting Biological Children’s Inheritances When You Remarry
Although many of us would like the traditional fairy tale life, where we get married, have kids, and all live happily ever after as a family, that’s not always what happens. Often, our “forever” relationship ends up being a second (or third, or more) marriage. And while it is great to find your forever… Read More »
What Are Undue Influence Challenges in Probate Court?
The last thing you want when creating an estate plan, are challenges to your will or trusts. The thought of people, particularly family members or close friends, fighting endlessly, and depleting your estate’s resources, as well as the inter-familial hostility that can come with state challenges in probate court, is not something anybody wants… Read More »
The Role of the Probate Court When Minors Settle Lawsuits
It sometimes happens, sadly, that minors are injured in accidents. When they are, they may be entitled to compensation just as an adult would be. But minors don’t get to settle injury cases, the way adults do, because they’re minors. When a minor is injured, sues, and obtains a settlement, the probate court will… Read More »
The Enforceability of Pre-Death Promises to Alter or Change Wills
Oftentimes, when people get older and they need help, they don’t have immediate funds or assets to pay other people for the help that they need. But they do know that they have assets that they can leave in their estate plan. So, as compensation or as a thank you, or as consideration for… Read More »
How are Property Taxes in Probate Handled?
Real estate and property is one of the most common things to be accounted for in an estate plan, and one of the largest items that a probate court will have to deal with when administering an estate. But despite that, many people overlook one thing that can stand in the way of loved… Read More »
What Happens When Real Estate in Probate Has Tenants Living in it?
When someone passes away, and the deceased person’s estate has real estate in it, that can create a lot of issues in probate court. But those issues become far greater, when the deceased has rental property in his or her estate, and that property has tenants—in other words, where the deceased is or was… Read More »
