Articles Tagged with Broward probate litigation

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 is a woman, or an estate administrator, or personal representative depending upon the state in which the will was drafted) will go the probate court and open an estate.

Broward Probate Lawyer The executor of the estate will inventory the estate and make an accounting of all debts and assets and provide notice to anyone who is listed in the will as a beneficiary, and also issue notice to all creditors who may still be owed money by the decedent at the time of his or her death. In many cases, the debt will be written off when the person’s whose name it was died, but in some cases, a creditor will still have a right to file a claim with the estate and collect money from the estate. Continue reading

If you are estranged from a parent and he or she does, can you expect an inheritance? The answer is: Not automatically. probate litigation attorney

Just because one is the biological child of a decedent does not necessarily in and of itself entitle that child rights to stake a claim on their mother or father’s estate.

No one is under any legal option to leave adult children – or anyone else – anything from their estate. Minor children are handled differently under the law, as the state recognizes they are entitled to a certain degree of support that might otherwise have been given had the decedent lived. But there is no guarantee of the same kind of expectation for children over the age of 18.

This is where an experienced probate litigation attorney should be called in, to examine whether there was a will or trust and if so, what the language of that document indicates. If these documents exist but there is no specific mention of a child – estranged or otherwise – or indication the parent intended to leave that person out of the will, that child may have the basis to pursue probate litigation to plausibly assert the conceivable allegation that the parent simply “forgot” about them.  Continue reading

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