Category Archives: Probate
The Undue Influence Test: Seven Signs That a New Will Does Not Truly Reflect the Decedent’s Wishes
The classic case of undue influence is a family member, a new spouse, or even a caregiver, who builds a close relationship with an elderly relative in his or her final months or years, making self-serving financial decisions on behalf of the elderly person, and even pressuring the elderly person to modify his or… Read More »
The Disinherited Grandson Who Contested His Grandfather’s Will at the Last Minute
When a deceased person’s estate goes to probate, creditors and other interested persons have an opportunity to file a claim (known as a caveat), in which they notify the probate court of their existence and their claim to money belonging to the estate. An “interested person” is anyone who stands to inherit from the… Read More »
Reopening an Estate Can Resolve Inheritance Disputes
Estate planning can prevent a lot of disputes over inheritance. Under the best circumstances, you can designate a beneficiary for each of your assets such that your estate does not even need to go through probate. Even if you are not able to do this, writing a will and being honest with your family… Read More »
How to Object to Probate in Florida
From all the advice online about how to keep your assets out of probate, you would think that probate was the stuff of nightmares. In fact, the probate process usually moves along smoothly, and all the heirs get their inheritance once the estate settles. The reason probate takes several months is that it has… Read More »
How Does the Probate Process Work?
When a loved one dies, there are many issues that need immediate attention in order to hold the funeral and cover pressing expenses. However, the bulk of dealing with the aftermath of death is addressing the distribution of the deceased’s assets. Hopefully, he/she executed an estate plan that outlines how property should be divided,… Read More »
Who Is Responsible for Remaining Debts after Death?
Estate planning is primarily about settling two issues: distributing property to surviving heirs and limiting one’s exposure to liability for death-related taxes. In line with the second issue is the question of settling a loved one’s remaining debts after death. All estates which pass through probate, which is a substantial number, must provide notice… Read More »
Avoiding the Stress of Probate
When someone dies, typically, they will have some amount of property that needs to be distributed to new owners, hopefully through an established estate plan. Depending on the type of property involved and the overall value, the law may require the family to go through the probate process before a transfer of assets is… Read More »
Don’t Forget about Your Closest Companion – Your Pet
Animals can bring their owners years of joy and companionship that are hard to quantify or adequately describe. Given how much pets mean to owners, determining what will happen to them after one dies is important to the pet’s wellbeing and long-term care. Factoring pets into an estate plan may not be an obvious… Read More »
Probate Property, Title, and the Distribution of an Estate
Losing a loved one is almost guaranteed to cause a shock, regardless of how anticipated the death was, and trying to cope with the physical absence of the person is typically at the forefront of survivors’ minds in the days immediately following the passing – not necessarily the specific contents or existence of an… Read More »
The Pros and Cons of Probate
When friends and family learn someone is thinking about an estate plan, it is not uncommon to hear a lot of conflicting advice. Some people will say an estate plan is unnecessary and not worth the expense. Others will argue in favor of either setting up a trust or just sticking with a will…. Read More »
