Category Archives: Probate and Estate Disputes
The Common Challenges of Probate
Most people who have heard the word “probate” believe that it is something you generally want to avoid. But what exactly is it about probate that makes it appear to be such an undesirable process? Probate is the process a court uses to validate a will and allow an estate’s personal representative to pay all […]
Common Myths About Probate and Wills
Most people do not have an in-depth knowledge of estate planning and probate law. As a result, there is a lot of misinformation related to wills and probate that can cause some confusion. The following are a few of the most common myths we see when people come to use for estate planning services: MYTH: […]
Why Do People Contest Wills?
Ideally, wills are well-written, well-planned and legally binding documents that divide a decedent’s estate among heirs and beneficiaries. In some cases, however, a problem with the will’s creation or contents can make it invalid or cause disagreement about the decedent’s intentions. When this happens, an heir or people who had been named as a beneficiary under a […]
Could You Avoid the Probate Process?
When an individual passes away, his or her will goes through probate court. While many estates go through this process, it might not be relevant to all estates. The following criteria may be used to determine whether or not a person’s estate may be able to avoid probate: Common assets: Not all of a decedent’s […]
How to Determine Who Should Be Your Personal Representative
Choosing a personal representative (some states still call him or her an executor) can be a major decision when it comes to estate planning. This individual is responsible for handling the finalization of your financial affairs, along with carrying out the wishes you’ve outlined in your will and other documents. When you are deciding whom […]
What are the Major Steps of the Probate Process?
Probate is a process by which a deceased person’s estate is settled and finalized. Although this involves probate court, the bulk of this process is administrative and handled outside of the courtroom. In fact, it is rare for a person administering an estate to go to the courthouse for any reason. The following are the […]
Dynasty Trusts and the Option to Protect Your Family Fortune
When you’re making plans for your estate, you may wonder not only how you can take care of your children, but how you can plan for the financial security of generations to come. Thanks to changes in the law, Florida retirees now have the option of creating dynasty trusts that offer financial protection to succeeding […]
Beware of Living Trust Mills
As more and more people forego traditional wills and turn to living trusts as their estate planning tool, many are tempted to also avoid the expense of lawyers when drafting their trust. While many companies will offer trusts at wildly low prices, people should beware before considering this low cost option. Trust mills, as they […]
Do Living Trusts Protect Against Creditors’ Claims?
As living trusts become a more and more popular tool for those making estate arrangements, people occasionally get misinformation as to how they function. One common misconception is that living trusts are a legal way for you to leave assets to your family without worrying about creditors’ claims. On the contrary, while living trusts remain […]
Living Wills: Planning for the Unexpected
Whether from illness, accident or old age, individuals are unfortunately often left unable to direct their own medical care. For these reasons, it is important to have a document known as a living will in place. Living wills are legal documents that expressly state what kind of medical care you do or do not […]