Category Archives: Probate and Estate Disputes
When is Probate Necessary?
If you have done research on estate planning or spoken to an attorney about planning for the future, you may have heard that it is sometimes best to avoid probate. Probate is the process of proving and validating a decedent’s last will. In the event that there is no will, it determines that inheritance is […]
How Litigation Unfolded for Brooke Astor’s Multi-Million Dollar Estate
Multi-millionaire Brooke Astor lived to the age of 105 and left the majority of her estate to her only son, Anthony Marshall. Upon his death, whatever remained would go to charities. Forbes magazine reported that her estate’s value was close to $200 million. A series of complicated legal battles ensued after her death, including the […]
What Dying Intestate Means and Why You Want to Avoid It
Dying intestate refers to dying without a will. Because no legal documents exist to administer the estate, the court abides by state intestacy laws and must appoint a representative to administer the estate, whom you have not chosen. When an individual dies intestate, Florida Intestate Succession statutes dictate which family members inherit assets and the […]
What Can Happen When Your Loved Ones Don’t Know Where to Find Your Estate Planning Documents?
It’s common sense to let your loved ones know where you keep your will, living will and other vital estate planning documents. Despite careful and thorough estate planning, your attorney can run into barriers when administering your estate if they do not have your original documents in their possession. Forbes magazine published an article that […]
How to Contest a Will
If you are listed as the beneficiary in a will and have concerns about the will’s validity, you may choose to contest it. If this is the case for you, it’s important to understand under what circumstances you are permitted to contest a will, and how you should manage the process. There are four limited […]
Anticipating and Preventing Will Contests
Will contests, though relatively rare, may happen for a number of reasons. There are several common signs that parties involved in an estate plan might engage in a contest. If the situation involves the disinheritance of a close relative or spouse, unequal treatment of children in the will or unusual behavior on behalf of the […]
Dying Without a Will: Intestate Succession in Florida
Most people understand the importance of drafting a will, and yet they often put it off far too long to the point where they die without one. While this can be stressful for your family, Florida has a number of laws that allow for intestate succession so that your property is passed down to your […]
What Is Probate and Do I Want to Avoid It?
Probate is a process used to identify and gather the assets of a deceased person, or decedent. This process is court-supervised and used to pay the decedent’s debts or distribute the assets to beneficiaries. The assets are typically used to pay the cost of the probate proceeding before being applied to debts. The remainder, if […]