Category Archives: Probate Litigation
Challenging Tortious Interference in a Florida Will or Trust
Florida probate litigation frequently arises when one or more parties contest the validity of a decedent’s will or trust. Consider a situation where a decedent makes last minute changes to her will, substituting one beneficiary for another. The former beneficiary may have reason to suspect that the new beneficiary procured the new will through… Read More »
How Ancillary Probate Affects Your Florida Property
Many people use Florida as a second home–perhaps maintaining a vacation property in the Fort Myers area–while continuing to reside full-time in another state. So how do you dispose of your vacation home under Florida law? Is your out-of-state will valid here? Do you need to create a separate will? Are there special rules… Read More »
How Do Virtual Currencies Fit Into Your Estate Plan?
Estate planning is more than just writing up a will. It is important to take account of what assets you own and ensure the personal representative and beneficiaries named in your will be able to access and enjoy those assets after you die. This is not difficult when it comes to most types of… Read More »
Undue Influence
Undue Influence Has a loved one’s will been changed without your knowledge? Was your inheritance written out? Are you concerned that someone has been conspiring to get the inheritance for themselves? If so, it is possible that you might have a legal claim of Undue Influence and a chance to void the will. Undue… Read More »
Know your options when it comes to probate litigation
When Florida residents approach estate planning, usually one of the main goals is to, hopefully, avoid any type of probate litigation at the time of the testator’s death. Unfortunately, not all estate plans play out quite that smoothly. Many different types of issues can lead to probate litigation in Florida. For instance, any kind… Read More »
Some basics about probate court in Florida
Most Florida residents probably have a grasp on some of the more common aspects of estate planning. They know that a will is a document that will designate the distribution of assets to family members and friends upon the drafter’s death. They also probably know that, if they die without a will, the procedures… Read More »
How “undue influence” can lead to probate litigation
It can be difficult enough to see a loved one pass away without having to worry about the details of that person’s will and how the estate will be distributed to heirs and beneficiaries. Unfortunately, sometimes when the terms of a person’s will become known to those who thought they might have a share… Read More »
Those facing probate litigation may want legal advice
When a person in Florida loses a loved one they experience a wide range of emotions. Whether their loved one’s life was cut short at a young age, or whether their loved one lived well into their elder years, it is never easy when a loved one dies. Sadness can overwhelm a person during… Read More »
Can a person in Florida disinherit their spouse or child?
Family dynamics can be complicated, especially if a person in Florida tries to disinherit a relative. The reason for the disinheritance aside, it is important to know that there are some laws that override a person’s will. This may be the case for a decedent’s surviving spouse and children. If the decedent is survived… Read More »
My dad’s estate is going into probate: What should I expect?
If your parent recently died in Florida, the estate will likely need to go through the probate process. In the vast majority of probate cases, the process will be uncontested. However, if there is a disgruntled family member, a contestation is possible. In this case, you may need to take legal action to protect… Read More »
