Category Archives: Probate
When to Establish a Guardianship
Age, the circumstances of life, illness, or an accident can all act to deprive a person of the will or ability to handle his/her own affairs. Generally, being recognized as a legal adult brings with it the right to make key life decisions related to finances, medical care, where to live etc. Retaining these… Read More »
Challenging the Validity of an Out-of-State Will
Executing a will is not an issue people think about very often, but it becomes vitally important after a person dies. All wills must go through the probate process, with the principal purpose being to ensure the directions included within it are valid, and if so, that they are followed. Determining the validity of… Read More »
Challenging The Appointment Of A Personal Representative
In the wake of someone’s death, it is not uncommon for there to be a decent amount of confusion over how to handle funeral arrangements, obtain a death certificate, and locate wills and other estate documents to start the probate process. Once these necessary duties are fulfilled, the next step is typically for someone… Read More »
Challenging The Validity Of A Will
Drafting and executing a will is a significant legal and historical moment that marks how a person wants their property treated after death, a process that is completed in probate. A key component of any will, and one that determines whether it is valid or not, is the mental capacity of the person executing… Read More »
Recent Changes to the Law on a Spouse’s Share of an Estate
When someone dies without an estate plan there are usually a lot of questions about what happens to his/her belongings. In many cases, this issue must be settled in court through the probate process. In practical terms, the probate process includes settling outstanding debts with creditors, collecting probate property, and distributing it to the… Read More »
A Personal Representative’s Duties vs. Authority during Probate
Responding to the death of a loved one requires coordinating and collecting information from a number of sources so funeral arrangements can be made and financial accounts accessed to cover expenses. One central component of settling the affairs of someone who died is settling his/her estate in probate, a court process necessary for distributing… Read More »
What Personal Representatives Should Know about Serving in this Role
When a family member dies, the natural tendency is to withdraw inward as part of the grieving process. The person tasked with handling the deceased’s estate, called the personal representative, does not have the luxury of withdrawing. This person has a number of important and pressing duties that must be addressed in the immediate… Read More »
New Bill Would Allow a Guardian to Initiate a Divorce
There may come a time in everyone’s life when they are no longer capable of handling their own personal and financial affairs. In this situation, the appointment of a guardian may be necessary to safeguard themselves and/or their property. The extent of a guardian’s authority can vary based on the needs of the impaired… Read More »
What Counts as a Valid Will in Florida?
When someone dies in Florida, any property owned by the deceased must go through a court process called probate before it can legally be transferred to someone else. Probate applies to individuals who die with a valid will as well as those who have no estate plan. Only those assets subject to probate administration… Read More »
