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...
Probate Litigation
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...
Undue influence and Florida wills
You may have heard of cases where someone's will faced a challenged based on undue influence. Understanding what this term means from a legal standpoint could help you gain clarity and make strategic decisions to help lessen the chances of your will facing this and...