Fort Lauderdale probate lawyer

August 20, 2019

Probate Litigation With Estate of One Embroiled in Legal Trouble

The death of alleged sexual predator/billionaire Jeffrey Epstein, 66, in a New York jail cell of apparent suicide has left his estate, with assets reportedly valued at $560 million, the subject of intense interest. Women who were allegedly his child victims had pending civil lawsuits against him. Elderly retirees are trying to recoup the losses incurred when he invested their life savings into bonds and notes he later sold as part of a $470 million scam 25 years ago. Other creditors will inevitably come knocking too. probate litigation lawyer Fort Lauderdale

With so many competing claims, the case is likely headed for a protected and messy contested probate amid an ongoing federal investigation into the activities of Epstein and purported co-conspirators. It will be imperative for each of those staking a claim to work with a civil injury lawyer who has extensive experience with probate litigation, as The Ansara Law Firm does.

Although the Epstein case is unfolding on a stunning scale, it is not so uncommon for probate litigation cases to involve decedents who had been embroiled in legal trouble. That’s often a big part of what leads their estate to probate in the first place. Continue reading

January 15, 2019

Florida Early Inheritance Might Lower Heir’s Tax Burden, But May Leave Benefactor Vulnerable

By Ansara Law Personal Injury Attorneys

Working hard your whole life, sacrificing, saving, investing wisely and also managing by acumen, sheer dumb luck or some combination to avoid pecuniary pitfalls that might otherwise have left you practically penniless, of course you want as much of your estate as possible to reach the people and causes that matter most to you. That means in part avoiding probate if you can and minimizing the tax hit your heirs will take on whatever gifts they inherit. Ensuring the most expedient possible estate transition usually involves (at minimum) some combination of a will and a revocable and/ or irrevocable trust. Fort Lauderdale probate lawyer

Occasionally our Fort Lauderdale probate attorneys are queried about a the prudence of early inheritance, also referred to as pre-death transfers and gifts prior to death. The short answer is: It really depends, but it can be very risky.

There are a number of factors to consider when weighing early inheritance as an option. Let’s say we’re talking about transfer of your Florida home. The reason we’ve heard most commonly cited for sharing or transferring the deed of a Florida residence to children or grandchildren before death is that heirs are then spared cumbersome estate taxes and potentially draining probate litigation. Perhaps, the homeowner thinks, they can safely bypass Florida estate planning altogether with this option. However, early inheritances really should be avoided least until you’ve discussed it at-length privately with your own estate planning attorney. Get a second opinion if you still aren’t convinced. Because while savings for an heir could prove worth it, the elderly benefactor may be taking a major risk. Sometimes, even the most loyal, honest heirs can end up making a mess of things, even unintentionally. Continue reading

November 16, 2018

A Tale of Two Wills: Fort Lauderdale Probate Lawyer Explains

By Ansara Law Personal Injury Attorneys

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 one of the wills produced has a clear claim, or it may be necessary to initiate probate litigation to assert the validity of one will over another. Fort Lauderdale probate lawyer

Many people understand the importance of updating their will and other estate planning documents when important life events occur, such as when there is a marriage, birth, death or major falling out or formation of new romantic ties. Wills can be updated and recipients of certain assets can be modified. That’s why it’s not unheard of to have two or more versions of the same will. The problem with having numerous wills is that it can ultimately result in the assets of the testator (creator of the will) not being distributed according to his or her desires. A Fort Lauderdale probate lawyer can explain in more detail, but generally, the courts will seize on the most recent version of the will. Ideally, all copies of the previous version of the will would be destroyed and the updated version should distributed to all concerned so there is no confusion. Of course, real life is rarely so tidy, and Florida will contests are fairly common.

These were the facts of the case in a matter before Florida’s 4th District Court of Appeal, though the exact issue before the court was whether a plaintiff’s claim should be dismissed for a technical defect. (This is another reason you should have a Fort Lauderdale probate lawyer on board – to ensure you don’t miss any key filing deadlines and that all claims are properly pleaded.) Continue reading

October 30, 2018

Florida Probate Lawyer: How Much Time Do I Have to File a Will Contest?

By Ansara Law Personal Injury Attorneys

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. Florida probate lawyer

This is the case with most legal issues in Florida, though the time at which your clock starts ticking may depend on a number of factors.

Unlike claims for things like personal injury or wrongful death, you have months – not years – in which to raise concerns. Continue reading

June 26, 2018

When You’re Left Out of the Will – Probate Lawyer Helps You Fight Back

By Ansara Law Personal Injury Attorneys

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. contest a will

Although sometimes there is little expectation of an inheritance due to long-term erosion of the relationship, for many adult children and grandchildren, the news can come as something of a shock. The decision of whether to take action is a difficult one and will probably depend at least partially on what the odds are you’ll be successful in obtaining an equal share or at least a fairly-negotiated settlement with the named heirs.

There are a number of ways you may be able to challenge if you are left out of a will, all of which are time-sensitive so getting a probate lawyer involved as soon as possible is an imperative. Continue reading

June 15, 2018

Fort Lauderdale Probate Lawyer: Re-Opening a Closed Estate

By Ansara Law Personal Injury Attorneys

Probate courts in Florida have substantial amount of discretion when it comes to the decision of whether to re-open an estate that was previously closed. In most cases, a probate estate is reopened when new assets are discovered that weren’t discovered at the time the original estate was administered. probate attorney

There is a provision of Florida law, F.S. 733.903, that expressly allows this process, called “subsequent administration.” It states that a “final settlement” of and estate and the discharge of the personal representative does not prevent further administration of the estate. However, the law also states that an order of discharge won’t be revoked on the basis of a newly discovered will or later will.

However, if such action is going to be taken, it’s very important to consult with an experienced Fort Lauderdale probate attorney. Continue reading