Category Archives: Probate
How Probate Works for a Florida Intestate Estate
Even though people are aware that creating a will is an extremely important estate planning task, many either do not get around to it or mistakenly decide they do not need it. Under the circumstances, Florida’s statute on intestate estates applies. Essentially, these laws create a will where one does not exist, because the… Read More »
How To Handle Creditor Claims In Florida Probate Cases
There is a common misconception that a person’s debts will just go away when they pass on, but this is a myth under the collection laws in Florida and all other US states. The Consumer Financial Protection Bureau points out that a person’s legal and financial obligations shift to the estate at death, just… Read More »
How No-Contest Clauses Work In Florida Probate Cases
There are very specific rules about preparing a will in Florida, and one of the most important requirements relates to the testator having sound mind to create one. Plus, by state law, a will is void if the surrounding circumstances indicate fraud, duress, mistake, or undue influence. As you might guess, when someone is… Read More »
Overview Of Florida Probate Laws On Summary Administration
Probate is the legal process of winding up a deceased person’s final affairs, so you may be familiar with traditional court proceedings for addressing the will or intestacy laws. However, there is another process for estate administration that may be an option to consider in two contexts. The Florida probate code section on summary… Read More »
Mediation In Florida Probate Disputes: Things To Know
Florida probate is the process by which a deceased person’s final affairs are wrapped up according to the terms of a will or state intestacy laws. There is always the possibility for disputes, and litigation is one route for resolving them. However, in most cases, a judge will order the parties to participate in… Read More »
Summary Administration Under Florida’s Probate Code
Probate is the legal process of handling a person’s final affairs upon death, and it is usually necessary regardless of whether the decedent had a will or not. When there is a will, the document dictates who has the power to act, how assets are distributed, and other details; if the deceased did not… Read More »
Overview Of Florida’s Spousal Elective Share Statute
Some of the most dramatic moments in film or TV occur when the long-suffering, surviving spouse finds out that he or she has been cut out of the will. While these scenes make for great entertainment, you would be devastated to find yourself in this type of real-life scenario. Being eliminated from your spouse’s… Read More »
Types of Estate Administration in Florida
When a person dies with real estate, bank accounts, and personal property in not held in trust, there is a legal process surviving loved ones must go through to distribute these assets to the people entitled to them by law. The details are covered in a section of the Florida Probate Code on Administration… Read More »
Common Grounds for Probate Litigation and How to Avoid Them
If you are like many people, the last thing you want to happen after your passing is disagreements about your estate among your heirs, beneficiaries, surviving loved ones. Unfortunately, infighting and legal disputes are much more common than you might expect. The animosity often leads to lengthy, time-consuming – and costly – probate litigation… Read More »
