Category Archives: Probate
Handling, and Objecting to, Creditor Claims in Probate
If there is a probate case after someone passes away, the estate will have to give notice of the passing and of the administration of the estate, in the way that Florida probate law requires. Part of the reason for doing this is to alert creditors, so that they can make claims on the… Read More »
How Much Does Probate Court Cost?
When it comes to estate planning, many attorneys will tell you to get into that estate planning attorney’s office, in order to avoid probate. There are a number of reasons why this is a good idea, not the least of which is the avoidance of the cost and expense of the probate process. The… Read More »
Divorce Agreements and Support Obligations: What Happens To Them in Probate Court?
When people get divorced, they don’t think much about their estate plan, or about probate. They get divorced, and often do so with some sort of settlement agreement made between the spouses. But at the same time, those spouses may also have estate plans, and what is written in those estate plans may conflict… Read More »
Personal Injury Cases as Probate Assets: How Do They Work?
Of all the assets and property that you may think of when thinking of property that is part of someone’s estate, there is one asset that often is overlooked—personal injury claims. Often, people pass away after they are injured, or even while a personal injury claim is pending in court. A Big Dilemma The… Read More »
Access to Digital Records in Probate-How Does it Happen?
When you create an estate plan, you probably try to make sure that all of the assets you own are accounted for; that they are being left to whom you want to leave them to, or at least that they are being disposed of in the way that you like. You are creating a… Read More »
Problems Can Happen When Your Business Goes Through Probate
When planning an estate, we often give a lot of thought to our personal property, or our real property. Many of us however, fail to give thought to our business. We see our business as a separate entity, insulated from our personal passing, and just envision the business carrying on as usual after you… Read More »
Reformation of Wills and Trusts in Probate Court
Sometimes, people create wills and trusts and other estate plans, and mistakes happen. Sometimes, the estate documents that are created are wrong, or else, don’t accurately reflect the wishes of the person who created them. When that happens, interested parties can ask a probate court to alter the will, to reflect what the deceased… Read More »
Things You May Not Have Known About Undue Influence and Will Challenges
One of the primary ways that wills and trusts are challenged by others in the probate courts is through what is known as undue influence. What is Undue Influence? Undue influence means that someone has exerted some kind of pressure or coercion on the deceased while he or she was alive, and that pressure… Read More »
What Happens to Bank Accounts When Someone Passes Away?
When people pass away, they may not have huge estates, millions of dollars, and complex investments to pass on to friends and family members. What they may have are bank accounts—in fact, most all of us do. But what happens to a bank account when we pass on? And how can you leave what’s… Read More »
The Use of Medical Experts in Probate Cases and Challenges
Let’s say that you have a challenged, contested probate case. Like any lawsuit, winning the case involves the hiring, use and testimony of expert witnesses. But you may be surprised to learn that some of those expert witnesses you need to win your pronate case may be expert medical witnesses. Why Doctors are Used… Read More »
