Estate administrators hold the responsibility of managing and distributing a decedent's assets. They have to balance their legal obligations and the decedent's wishes, which is a crucial part of their role. Disputes can sometimes arise in the process of fulfilling...
Executing a will is an essential part of probate, which can also help the court and the surviving family decide what to do about the deceased's estate. This document should be a source of guidance and solace, but there can be scenarios when family members must go to...
Executors have a fiduciary duty to act in the best interest of the estate they are managing and its beneficiaries. This duty is based on trust, loyalty and good faith. Unfortunately, some executors take advantage of their power and deliberately breach their duty, such...
Are you surprised by the estate plan that your loved one left behind? Were you left with less of an inheritance than you expected as a result? If so, then you need to take a closer look at the circumstances surrounding the creation of your loved one’s estate plan to...
The court must determine if a will is valid and legitimate before authorizing an estate administrator to execute the will's instructions. For a will to be valid, the testator must have been of sound mind and body when they signed it. However, some people, even family...
Sometimes, our situation prevents us from being physically close to our parents. Whether it is because we reside in another state or our jobs are not very flexible, it can be challenging to be hands-on in our parents’ care. Fortunately, estate planning tools such as...
When a loved one passes away in Florida, the executor or personal representative responsible for administering the estate has a fiduciary duty to act in the best interests of the beneficiaries. Unfortunately, there are cases where the executor breaches this duty,...
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,...
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...
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...