Category Archives: Probate & Guardianships
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 »
Important Facts About Probate In Florida
Losing a loved one is never easy. During your time of grief, thinking about the probate process and distributing your loved one’s property may seem overwhelming. Understanding the law and knowing what to expect can make the process easier for you. Below, our Daytona Beach estate administration lawyer outlines important facts about the process…. Read More »
What Steps Are Involved In The Probate Process?
Probate is a legal process that administers and settles a person’s estate after they pass away. There are many steps in the process, including validating the person’s will, paying final taxes, distributing the property in the estate, and more. The steps involved in the process ensure that the decedent’s wishes are carried out. The… Read More »
What Are Common Probate Delays?
People try to help their loved ones avoid probate for many reasons. One of these is that it can be a long and involved process. This not only causes stress for family members, but it can also cause them to wait months, or even years, before they receive their inheritance. There are many reasons… Read More »
Three Ways To Avoid Probate In Florida
Probate is a process that administers a person’s estate after they pass away. It is a court-supervised process that can be expensive, time-consuming, and stressful. Although it is not always possible to avoid probate, there are some steps people can take during estate planning to help their loved ones avoid it after they pass… Read More »