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Category Archives: Wills and Probate

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Why You Should Consider a Living Trust Instead of a Will

By Joyce A. Julian, P.A. |

The main function of both wills and living trusts is to name beneficiaries for your property. A will lists your property and who it should be distributed to, while a living trust contains all of your assets as well as instructions for distributing them. While a traditional will is likely still the best option… Read More »

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Revocable Living Trust vs. Last Will and Testament

By Joyce A. Julian, P.A. |

As you begin considering your estate planning process, you may be wondering the differences between a revocable living trust (“trust”) and a last will and testament (“will”). Estate planning is not just for the elite and wealthy, but when used correctly can offer you tax savings and ensure that your wishes are upheld after… Read More »

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Challenging the Validity of an Out-of-State Will

By Joyce A. Julian, P.A. |

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 »

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What Are the Responsibilities of a Guardian?

By Joyce A. Julian, P.A. |

Adults routinely make choices about finances, where to live, and medical care, which are some of the hallmarks of authority people receive upon reaching the age of majority. Retaining this power requires a person have the cognitive and/or physical ability to tend to their affairs in a reasonable manner. When this is no longer… Read More »

Probate

The Consequences Of Having No Heirs

By Joyce A. Julian, P.A. |

Most people own some amount of property that may be passed down to potential heirs and beneficiaries upon death, and unless the property automatically transfers full ownership to another person, the distribution of this property must go through the probate courts. Probate is a court-supervised process under which a deceased person’s property is passed… Read More »

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Challenging The Appointment Of A Personal Representative

By Joyce A. Julian, P.A. |

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 »

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Challenging The Validity Of A Will

By Joyce A. Julian, P.A. |

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 »

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