Category Archives: Probate & Guardianships
The Different Types Of Guardianship In Florida
There are many different reasons people require a guardian in Florida. When guardianship is established one person, known as the guardian, has the authority to make decisions for another person, known as the ward. The parents of a minor child may both pass away, requiring a guardian to be appointed for the child. Or,… Read More »
Estate Planning Strategies To Prevent Future Probate Litigation
When you pass away, you do not want your family’s last memories of you to be fighting over your estate in probate court. Sadly, it is not uncommon for people to find themselves in contested probate proceedings after they lose a loved one. Fortunately, you can stop these disputes from arising by using some… Read More »
Three Common Beneficiary Designation Disputes
Designating beneficiaries is critical when determining who will inherit your property after you pass away. Proper beneficiary designations can make sure that your insurance policies, retirement accounts, and other assets are distributed according to your wishes. If you do not clearly specify who your beneficiaries are, it can create confusion and result in possible… Read More »
Five Common Myths About Probate
The probate process is necessary after someone passes away, so the state can evaluate and distribute the property in their estate. There are many myths about the probate process and while it is stressful enough to go through, believing any of the common misconceptions can make it even more difficult. Below, our Daytona Beach… Read More »
Why Personal Representatives Need A Probate Lawyer
After a person passes away in Florida, at least a portion of their estate must go through the probate process. During the process, all estates must have a personal representative, which can be a person, a financial institution, or another entity. In many instances, the personal representative is named in the individual’s will before… Read More »
What Happens If You Do Not File Probate?
Probate is a legal process that occurs after someone passes away. Probate is important for many reasons. A person’s property must be collected and distributed to their beneficiaries, and their will must also be proved, or validated, by the court. The recognition of the will is one of the most important aspects of probate… Read More »
Formal Vs. Summary Administration: What Is The Difference?
Probate is a court-supervised legal process during which the courts identify and collect the property of someone who has passed away, ensures their debts are paid, and distributes remaining assets to beneficiaries. There are two different types of probate in Florida and they are formal administration and summary administration. Formal administration is the traditional… Read More »
Three Ways To Avoid Probate
Many people in Florida want to help their loved ones avoid the probate process because it is costly and time-consuming. Fortunately, avoiding probate is relatively easy but it does involve taking certain steps during your lifetime. Below, our Daytona Beach probate lawyer explains the most common ways to avoid the process. What is Probate? … Read More »
Common Disputes That Arise During Probate
Whether you have recently lost someone you love, or you are just starting the estate planning process for yourself, it is important to think about probate. Probate is a court-supervised process that settles a person’s estate after they pass away. Throughout the process, the property of the decedent is gathered and valued, debts of… Read More »
What Rights Do You Have If Your Spouse Passes Away?
Contrary to what many people think, a will alone is not enough to avoid the probate process. Probate is a process that administers a decedent’s estate and distributes assets to the beneficiaries after a person passes away. When an estate has to pass through probate, the surviving spouse of the decedent is given many… Read More »