Recent Blog Posts
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 »
Understanding Lack of Mental Capacity When Challenging a Will
To create a will in Florida, the person making or certain the will, must have the mental capacity to understand what he or she is doing. But that can be a vague definition, and aging itself can have many nuances–many of us know older people who sometimes are very sharp and on the ball,… Read More »
Tips When Leaving Money or Assets to Charity
When creating an estate plan, many people, generously, want to provide some money or assets to charity. But just saying you want to leave money to a charity and picking that charity isn’t enough. That’s because there are a number of different ways to leave money to a charity, and thus, when creating an… Read More »
Can You Challenge a Gift Made to a Charity in a Will?
When we think of will contests or probate court disputes, we often think about two people, usually family members, one of whom is upset that the other received something through the will that the other didn’t think he or he should have received. But it doesn’t always work that way. Sometimes, a party to… Read More »