Sometimes, wills get contested in Florida. When this happens, the executor as well as the probate court first need to figure out whether or not this individual legally has a right to challenge it. Here’s who typically has standing in a will contest. A beneficiary It’s...
The old saying that blood is thicker than water is not always true. Many families experience years of conflict, which can come to a head when a person dies and family members realize they have been left out of the will. Who receives your assets after you are gone is...
When Floridians write wills, they should do so of their own free will. Unfortunately, though, an unscrupulous friend, relative or caregiver may unduly influence the drafter of an estate plan. If someone exerted undue influence over your loved one’s decision-making...
In Florida, state law and the state courts preside over matters of the estate. This includes wills. In particular, a court may need to get involved if someone takes issue with the will. This can lead to a will contest. But what are the most common reasons for a...
Past posts on this blog addressed the question of whether a person truly needs a will. This question no doubt arises from the fact that (according to Gallup), only roughly 44% of adults both in Florida and throughout the rest of the U.S. actually have one. State law...
There are various explanations why it is very common for people to avoid or procrastinate making a will. You might not feel that you need one, you may think it seems too complicated to deal with, or you might possibly view it as an unpleasant issue that you would...
Almost everyone, regardless of age, has an extensive online footprint through social media, email, texting, online subscriptions and everything that we store in the cloud. It’s essential to include these items in an estate plan to keep heirs from facing added stress...
A will challenge can be one of the most acrimonious kinds of lawsuits. In fact, it can tear your family apart. You therefore need to carefully consider whether or not you really want to mount one. Is all the strife really worth it? FindLaw also cautions that you must...
The high number of retirees in Florida does not mean everyone has a will or estate plan in place. Even if a person does have an estate plan, there may have made mistakes that can cause issues once they pass away. Avoiding these common errors in the estate plan can...
Everyone thinks a will provides for the future of their loved ones. But a will means probate court plays a role in dividing your assets in ways that may not follow your wishes. That is why you also should consider establishing a revocable living trust. A trust gives...