Category Archives: Probate
Estate Planning in the Age of the Fertility Cliff
Probate laws sound like they were written at a time when social ties were stronger than they are today. Consider how alimony laws have changed to reflect social changes. In the 19th century, divorce was rare, even though it was more common for couples who did not get along to live separately without legally… Read More »
Do You Need Business Skills to Act as the Personal Representative of a Deceased Person’s Estate?
A lot of people dream of opening a business, but not even Wednesday Addams would focus her entrepreneurial aspirations on being the personal representative of a deceased person’s estate. Probate is like filing your income tax returns, except at the end, you don’t get a tax refund check that you can use to buy… Read More »
Can the Beneficiaries of a Will Refuse Their Inheritance?
Almost anything can happen during probate. Strangers can show up, claiming to be your long-lost relatives and demanding a share of the decedent’s estate. You might find out that the testator of the will was richer or poorer than you had always thought. You might even find that the decedent wrote a new version… Read More »
Are Online Files and Accounts Probate Assets?
To get a feeling of how much technology has changed our lives, think back to what it was like to go through your bibliophile grandfather’s library when he died. The books piled up to the ceilings in several rooms; assuming that Grandpa’s will did not specify what he wanted you to do with his… Read More »
Resolving Disputes Between Heirs Over Jointly Inherited Real Estate Property
Real estate ownership is synonymous with generational wealth. When newlyweds buy a house, they dream of passing it on to their children as an inheritance decades later. Even if you already own a house, inheriting one from your parents is practically your only chance at owning multiple real estate properties in today’s economy. Inheriting… Read More »
The Worst Beneficiaries for Non-Probate Assets
In general, the duties of the personal representative of the estate of a deceased person increase proportionally with the value of the estate. The estate will settle quickly if the decedent owned little property, even if the heirs do not get along with each other. By contrast, probate will take longer if the decedent… Read More »
What Happens If a Deceased Person’s Estate Has Credit Card Debt?
It is an honor when family members trust you enough to choose you to be personal representative of their estate, but no one ever said that shepherding an estate through probate was an easy task. If the decedent was wealthy, the heirs will criticize you about every decision, accusing you of being irresponsible with… Read More »
Pour Over Wills
If your only experience with wills comes from the entertainment media and from tabloid news, you might reasonably believe that your only options are to divide your estate among your family members or to show your ungrateful relatives who is boss by leaving your property to a charity that is meaningful to you but… Read More »
How Do Florida’s Laws of Intestate Succession Deal With the Stepparent Wars?
The juiciest tabloid stories about disputes over the estate of a wealthy person are the ones that involve a relatively young widow and stepchildren who are uncomfortably close in age to her. The parties may say all kinds of terrible things about each other, but most of the time, the probate court ends up… Read More »
Florida Probate for Non-Floridians
Florida is the land of introduced species. Sure, it has the largest native population of crocodilians in the United States, but for every American alligator and American crocodile, you also find an array of newcomers, from reptiles such as the green iguana and Nile monitor lizard to species that strike an entirely different type… Read More »
