Category Archives: Probate
Removing A Personal Representative From A Probate Case
Not every probate case includes a will, but they always involve a personal representative. The personal representative is responsible for following the instructions in the will to distribute the estate to beneficiaries, but only after settling the decedent’s outstanding debts and filing a final tax return on behalf of the estate. If the decedent… Read More »
How Does Probate Work If The Decedent Was Not A Legal Resident Of Florida?
If you moved to Florida late in life, you are in good company. A common topic of conversation in Florida is how rare it is to meet a native Floridian above the age of 30. Some people settle in Florida during their working years, while others choose it as a retirement destination, and then… Read More »
A Probate Lawyer’s Perspective On Spousal Estrangement
A will is not valid unless the testator signs it in the presence of two witnesses, but the witnesses do not have to be beneficiaries of the will, and they do not even have to read it carefully. Some people keep their silence about the contents of their wills. This strategy can keep the… Read More »
Do Children That The Decedent Placed For Adoption Decades Ago Have Inheritance Rights?
Family relationships are rarely simple. Some stepparents are among their stepchildren’s closest confidantes; in some cases, when a remarried person dies, the decedent’s surviving spouse and the decedent’s children from a previous marriage will unofficially share the responsibilities of probate, even though the will only lists one of them as personal representative of the… Read More »
Is Inaction A Feasible Solution To The Stepparent Wars?
Finding love late in life can make you feel young again, but if you truly have your new partner’s best interests in mind, you do not let the butterflies feeling distract you from your awareness of mortality. Of all the gestures of love you might want to make toward your new sweetie, the one… Read More »
If A Greedy Family Member’s Actions Were Worse Than Mere Undue Influence, Summon The Slayer Statute
Undue influence is one of the most commonly cited reasons for challenging a deceased testator’s will in probate court. In other words, you can persuade the probate court to consider a will invalid if the decedent wrote it near the end of his or her life to replace an earlier will and if a… Read More »
Maybe Probate Is Worse Than You Think It Is
Estate planning lawyers spend a lot of time assuring clients that getting started on one’s estate plan is easier than they think it is. When these lawyers are successful, their clients end up with a well-designed estate plan. Therefore, probate is painless for the family members that the clients have named as personal representative… Read More »
What Happens To Debts That Other People Owe You
As stressful as it is when you owe debts that you cannot pay, it is just as stressful when other people do not pay you the money that they owe you. This is true in the case of debts you incurred and money you lent on your own behalf, and it is also true… Read More »
Depositions In Florida Probate Cases
In the best-case scenario, probate is simple. The beneficiaries of the will and the personal representative of the estate already know what the will says. The personal representative can easily locate the beneficiaries and creditors. No one responds to the public notices that the law requires the personal representative to publish when the estate… Read More »
Insolvent Estates: A Nightmare For Beneficiaries And Personal Representatives
Unless the decedent planned out his or her estate down to the last detail and there is no family drama for which probate court to act as a venue, being the personal representative of a deceased person’s estate is a thankless job. Even if you are a beneficiary of the will, and you get… Read More »