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Category Archives: Probate

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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Probate7

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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Probate3

How Much Does Florida Probate Cost?

By Larry E. Bray, P.A. |

It’s no secret that probate can be a lengthy and expensive process. Depending on the size and complexity of the estate, probate can take several months or even years. Even simple cases should be expected to take a minimum of six to nine months in Florida. During that time, the assets will be inaccessible… Read More »

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EstPlan9

Is It Hard To Prove Undue Influence?

By Larry E. Bray, P.A. |

After coping with the devastating loss of a loved one, it can feel like an additional blow to the gut to learn that they may have been tricked or coerced out of their assets in their final days. Luckily, you have options. All wills must go through probate, a process by which a court… Read More »

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Probate5

Appointing a Florida Personal Representative

By Larry E. Bray, P.A. |

Under Florida law, a personal representative is responsible for administering someone’s estate after they pass away. Personal representatives have a fiduciary duty to act in good faith, in the best interest of the decedent’s beneficiaries. Personal representatives also have a responsibility to be honest, and follow the terms of the decedent’s will, if they… Read More »

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Beneficiary

Overview of Probate in West Palm Beach, Florida

By Larry E. Bray, P.A. |

When a loved one dies, their estate will likely need to go through Florida probate. Probate is a court-supervised process that allows for proper identification and gathering of the deceased’s assets, paying off debts, and finally distributing remaining assets to beneficiaries and entitled heirs. Probate can be a tricky process, which is why you… Read More »

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LongTermPlan

5 Fast Facts About Florida Probate

By Larry E. Bray, P.A. |

So what exactly is probate? It’s a term describing the processing and distributing of someone’s assets after they’ve passed away. This process is generally supervised by a circuit court judge, and involves identifying all of the decedent’s assets, using them to pay probate fees, funeral expenses, and debts, and distributing the remainder to the… Read More »

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UndueInf

Challenging a Florida Will, Trust or Bank Account Beneficiary Due to Undue Influence

By Larry E. Bray, P.A. |

The premise of estate planning is to ensure that someone’s wishes are carried out after they pass away. However, that is not necessarily what happens every time. In some cases, the deceased was subject to someone’s improper pressure to alter their will. Known as undue influence, this is one of the most common ways… Read More »

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