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Category Archives: Probate

Probate5

Probate Court And Your Homestead Property

By Larry E. Bray, P.A. |

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 »

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Reformation Of Wills And Trusts In Florida

By Larry E. Bray, P.A. |

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 »

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CoupleEstate

What Happens When Corporate Bylaws Conflict With Your Estate Documents?

By Larry E. Bray, P.A. |

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 »

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Probate11

Dying Without A Will: What Happens To Your Stuff?

By Larry E. Bray, P.A. |

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 »

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Probate7

Timelines And Deadlines In A Probate Case, And Time Expectations

By Larry E. Bray, P.A. |

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 »

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Planning3

Undue Influence Litigation

By Larry E. Bray, P.A. |

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 »

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ElderlyParent

What To Know About Undue Influence If You Are Caring For Your Parents

By Larry E. Bray, P.A. |

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 »

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Do I Need A Florida Probate Attorney?

By Larry E. Bray, P.A. |

If you are facing the reality of Florida probate, you may be wondering if a lawyer is really necessary. In short, in almost all cases, you will require the assistance of a probate attorney. Except in the case of very small estates disposed of without administration and those for which the executor is the… Read More »

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EstPlan17

What To Do About A Breach Of Fiduciary Duty

By Larry E. Bray, P.A. |

There are many situations in which a fiduciary relationship exists. However, there are many fiduciary relationships that come into play during probate. Probate in the process that must occur prior to the execution of a will or the distribution of an estate. Through probate, a will is confirmed to be valid (or its validity… Read More »

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ElderPlan

Did Your Spouse Secretly Remove You From Their Will? Understanding Florida’s Elective Share

By Larry E. Bray, P.A. |

For most, losing a spouse is a heartbreaking, overwhelming, and traumatic experience. Sometimes, when a loved one passes away they have not prepared a final will and testament providing for their family, which can complicate and prolong the probate process and potentially leave loved ones without critical resources for months or even years while… Read More »

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