When a person dies and there is more than one will, it can come as a surprise to family. No matter which side you’re on, you will need to discuss your options with a Florida probate lawyer. A careful investigation will be necessary to determine whether a will contest is appropriate. It may be that…
Continue reading ›If you’re interested in filing a will contest in Florida, you do not have an unlimited period of time. The statute of limitations on will contests caps the amount of time in which you have to contact a Florida probate attorney and file any disputes as it relates to a will. This is the case…
Continue reading ›In Florida, a living trust (also known as an inter vivos trust) is one probably your best option if you want your estate to avoid probate after you die. Why does that matter? As our South Florida living trust attorneys can explain, it means more of your assets – the things you worked hard for…
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Florida probate law pretty clearly establishes the right of children to inherit a portion (or all) of a parent’s estate when he or she dies without a will (intestate estate). Further, Chapter 732 of Florida Statutes doesn’t make any distinction indicating a child born out-of-wedlock is any less entitled to an inheritance than one born…
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No one would dare question the late Aretha Franklin’s claim to the Queen of Soul title. However, claims to the estate she left behind may be a bit more difficult to establish. That’s because the “Rolling in the Deep” singer died without leaving a will. Legally, this is referred to as intestate property. In Florida,…
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Family inheritance is slated to be a major legal battlefield in the coming years, as it is estimated approximately $30 trillion will be inherited over the course of the next 30 years. Inevitably, that’s going to mean descendants – children and grandchildren – will be squabbling over their fair share by contesting Florida wills. What…
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The Florida court system allows for professional guardians to be appointed for those who are “incapacitated.” As defined by Florida law, a person who is incapacitated is an adult who has been determined by a court to lack the mental capacity to manage at least some of his/ her property or to meet at least…
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It is an unfortunate reality that some people have no qualms using undue influence for the purpose of obtaining “gifts” from an individual who is elderly, ill or weak. Our Florida probate attorneys have seen these cases arise most frequently in cases involving nursing home residents, elderly parents or ailing grandparents. Those who allege “undue…
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In an ideal world, our loved one will have written a valid last will and testament, and when he or she dies, the family will know where that will is and also know who was selected to executor of the estate. The person chosen to be the executor (sometimes called an executrix if that person…
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Being left out of the will of a parent, grandparent or other loved one can sting emotionally, but you might not be completely without legal options. It’s important to discuss the circumstances with an experienced Fort Lauderdale probate lawyer who can help walk you through the possibilities. Although sometimes there is little expectation of an…
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