Category Archives: Probate
What Happens When Someone Dies Before They Can Inherit?
When we do our estate plan, we often anticipate that those in our estate plan—those who are getting things that we leave to them-will be alive to receive those inheritances. But often it happens that they are not; they pass before we do. Then there is the situation where two people pass at the… Read More »
Burdens Of Proof And Presumptions In Challenges To Wills And Estates
Undue influence is one way that family members or beneficiaries can challenge the validity of a will. But there are a lot of difficulties in proving undue influence. Witnesses are Gone One primary problem is that the deceased is now gone; there is often no way to know what the relationship was between the… Read More »
Probating Estates With No Body, And No Death
When we think of probating an estate, one thing or one issue we just assume is established, is that the person whose estate is being probated, is actually gone. Whether someone died or not, is supposed to be the easy part of probating an estate. But it’s not always that easy. The very sad… Read More »
Probate Court And Your Homestead Property
You may have already known that Florida has one of the strongest protections for homestead property of any state in the nation. With certain exceptions, the entirety of the equity in your homestead is protected from creditors—absent an actual mortgage or security agreement, a creditor cannot take your homestead property to satisfy a debt…. Read More »
Reformation Of Wills And Trusts In Florida
We have, in the past, written about the many ways that someone could challenge a will or trust. But there is another way to challenge a will or trust, in addition to the more common allegations of fraud, undue influence, coercion or duress: A simple mistake. Errors in Estate Documents Trusts, and more recently… Read More »
What Happens When Corporate Bylaws Conflict With Your Estate Documents?
A business is property, and because it is property, it is part of your estate when you pass on. Like any property it can be left in a will, or as part of a larger estate plan. But businesses are also unique from other assets that may be part of your estate, in that… Read More »
Dying Without A Will: What Happens To Your Stuff?
The surest way to avoid people fighting over your property when you pass on, is to have a will and estate plan, and make sure they are done correctly. However, that doesn’t always happen, and many times people pass without having any will at all. That can often lead to fighting amongst relatives, but… Read More »
Timelines And Deadlines In A Probate Case, And Time Expectations
If you have a will that needs to be probated, you may be wondering how long the probate is going to take, and what the deadlines may be, for important events in the probate process. Of course, every case is different, and your estate and probate attorney can give you more specific ideas of… Read More »
Undue Influence Litigation
If you have been expecting an inheritance from a loved one, it can be truly jarring to realize that their life-long plans and wishes changed at the last minute, particularly if their new estate plan or will seems very much out of line with who they are or what they would have wanted. Unfortunately,… Read More »
What To Know About Undue Influence If You Are Caring For Your Parents
If you are an adult responsible for caring for your elderly parents, you likely have your hands full. The last thing on your mind might be potential legal defenses to use at a probate hearing. However, with more and more adults caring for their parents it has created some unintended consequences in Florida probate… Read More »