When family relationships sour, estrangement between parties may occur. Bitter feelings and acrimony can increase when a family member dies due to disputes over the estate. Though conscientious individuals may create a will in hopes of eliminating such contention,...
Probate Litigation
What happens when siblings disagree about the family home?
When a parent leaves an asset that is not physically divisible to multiple heirs, such as the family home, disputes can arise when the heirs do not all agree on what to do with the asset. The Florida Probate Code governs the options that heirs have. What happens if...
Challenging a will on the basis of undue influence in Florida
When someone in Florida dies and leaves behind a will, beneficiaries named – or not named – in the document may take issue with it if they believe the person who drafted the will did not do so on his or her own accord. There are only a few valid reasons for...
3 frequently asked queries about Florida probate
Probate is a process often associated with lengthy proceedings and large expenses. This is not always the case, but people believe it because there is a lot of confusion surrounding probate. Proceedings also have the potential to be complex (though again, this is not...
Common reasons for contesting a will
A will is a central feature of any estate plan. Without one, survivors lack instructions on the desired distribution of assets. A will also might contain information on guardianship and how to handle incapacitation. For these reasons and more, they are critical....
Is this a red flag for undue influence?
Florida law defines estate planning and management in detail. The aim is to allow for estate planning to go over smoothly with the loved ones of the deceased. In many cases, it works as intended. But there are still instances where people find a way to manipulate the...
Understanding probate litigation
Contesting a last will and testament can be a tricky endeavor. People contests wills for various reasons, such as being excluded from the will, the testator was coerced into writing the will in a certain way, there was fraud involved or, simply, no witnesses were...
How can you avoid a POA rejection?
In a Florida estate plan, you need to consider a power of attorney. A power of attorney can handle your medical or financial affairs if you suffer from a condition or accident that incapacitates you. If you already have a POA, then you are in a good position. However,...
Challenging a will in Florida because of undue influence
Did your elderly or ill relative sign a new will just before death that changed their estate plan by leaving significant assets to an unexpected beneficiary? Had that beneficiary suddenly became overinvolved with your loved one under suspicious circumstances? Bringing...
What is breach of fiduciary duty?
If you have agreed to become the executor of someone’s Florida estate or the trustee of his or her trust, you have assumed a fiduciary role whether or not you realize it. While you may have many fiduciary duties depending on the specific provisions of the will or...
