Category Archives: Probate & Guardianships
Summary Administration Or Formal Probate: Which Path Does A Florida Estate Actually Need?
When someone passes away in Volusia County, their family is often left wondering what happens next to the house, the bank accounts, and everything else left behind. Does the estate have to go through a long court process, or is there a faster way? The answer depends largely on the size of the estate… Read More »
Who Gets What? Untangling Beneficiary Disputes In Florida Probate Court
A loved one passes away, and suddenly the will you thought settled everything becomes the subject of tense phone calls and unanswered questions. Sound familiar? Beneficiary disputes are more common than most people expect, and Florida’s probate courts have a specific framework for sorting them out. What Turns a Probate Case Into a Dispute?… Read More »
Can You Prove It? What It Really Takes To Win A Probate Dispute
What happens when a family looks at a will and something just feels off? Maybe a parent’s final wishes seem completely out of character, or a sibling was left out without explanation. Feelings of suspicion are common in these situations, but feelings alone do not settle a probate dispute. Courts want proof. So what… Read More »
Was Grandpa Really “Of Sound Mind” When He Signed That Will? How To Challenge A Will Based On Lack Of Capacity
Wills are supposed to reflect a person’s true wishes. But what happens when a will surfaces after someone’s death that looks nothing like the plans they talked about for decades, or hands everything to a brand new acquaintance while cutting out the children who cared for them for years? One of the first questions… Read More »
What Is Undue Influence in Florida Probate Litigation?
Have you ever wondered what happens when someone pressures an aging or vulnerable loved one into changing their will? This situation is more common than many people realize, and Florida law has specific provisions to address it. In Daytona Beach and throughout Volusia County, families often find themselves questioning whether a will or trust… Read More »
What Makes A Will Invalid In Florida Probate Court?
You put time and thought into writing your will. But what happens if that document is challenged after you are gone? Or what if a loved one’s will turns out to be legally unenforceable, leaving the family to navigate Florida’s intestacy laws instead? Understanding the most common reasons a will can be invalidated in… Read More »
What Happens If There Are Not Enough Assets To Pay Debts?
What happens if a loved one passes away and leaves behind more debt than assets? This situation can feel overwhelming, especially for family members trying to manage the estate. In Florida, estates are responsible for settling valid debts, but only to the extent that assets are available. This means beneficiaries are generally not expected… Read More »
What Can Trigger Probate Litigation?
Estate planning is a priority for many people in Florida so they can ensure their assets are easily distributed to loved ones after they pass away. However, even the best-laid plans can end up in the courtroom. Florida has unique demographics with a high concentration of retirees, a high rate of second marriages, and… Read More »
How To Help Loved Ones Avoid Probate Litigation In Florida
Probate litigation incurs significant court costs, attorney fees, and other expenses. It can also create delays that last months, or even years, and beneficiaries cannot receive their inheritance until disputes are resolved. For these reasons, many people take great care when planning their estate to help their loved ones avoid disputes that can result… Read More »
How Are Creditor Claims Handled During Summary Administration?
Summary administration is an expedited type of probate in Florida. Only certain estates are eligible for summary administration and due to the faster nature of the process, it does not involve all of the same steps as formal administration. For example, the probate court will not appoint a personal representative during summary administration. Creditor… Read More »