Author Archives: Larry Bray
Summary Administration: A Faster Probate Process
They often say that life is not one size fits all. That’s also true in probate; estates are not the same, and because of that, the law provides a different, alternative type of probate for certain estates, called summary administration. When Can You Use It? Summary administration is a quicker streamlined probate process, for… Read More »
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 »
The Basics of Florida’s Intestacy Laws
The statistics show that there are far too many people that go without a will or other estate planning documents. But just because you have no will, doesn’t mean that you will avoid probate. Probate will happen if it is legally required, whether you have a will or not. The only difference is that… Read More »
Things You May Not Have Known About Probate
For many, the probate process is a mystery; it doesn’t make news nearly as often as other areas of law do, TV and movies don’t often show probate proceedings, and thankfully, we don’t often go through the probate process multiple times in our lives. That unfamiliarity can lead to a lot of unknowns, myths,… Read More »
Planning for the Death of a Beneficiary Before Probate Ends
Although probate court can be quick, it is still a legal proceeding, and because of that, there is really no way to predict how short or long your probate case will take. Obviously, cases with more complex assets, or with beneficiaries who may be fighting, the case will tend to skew towards the longer… Read More »
Can Immigrants or Non-Citizens Inherit Property?
In South Florida, as in many areas of the country, we have a diverse citizenship — and many of our relatives may either live in another country, or else, they may be here in the United States with any form of immigration status. But do either of those things affect someone’s ability to inherit… Read More »
Minor Settlements and Health Insurance Liens in Probate Court
There are a lot of reasons that people may find themselves in probate court, and they don’t always have to do with someone passing away, or inheritances. One such reason is child settlements. By law, many case settlements (usually due to an injury that results in a lawsuit that settles over a certain amount),… Read More »
