Selecting a personal representative for your estate is an important decision. The role carries a great deal of responsibility and you want someone you can trust in that role. But what if the person you want to name as your representative doesn’t live in Florida?...
Probate
The ABCs of a successful will contest in Florida
A will contest is a lawsuit brought by a person who feels that he or she was wrongly excluded from the beneficiaries named in the will. The lawsuit must be started and tried in probate court. A will contest can be based upon a number of grounds. The persons contesting...
Will contests aren’t the only reason for estate litigation
There are times in which a family member will want to contest the will of a Tampa resident. Too often, other people, including other family members, engage in underhanded tricks that in reality undermine what a person really wanted to do with his or her wealth after...
Who can serve as a personal representative in probate?
When an estate goes through probate in Florida, one party has to be responsible for certain estate administration tasks. If the deceased person left a valid will, they appointed a personal representative to oversee the administration. (In other states, this role is...
The formal administration process in Florida
Probate is essentially the supervised legal process for closing out the estate of the deceased according to the laws of the state in which they resided. In Florida, there are two main types of probate, formal and summary administration, and there is also a process...
The 4 grounds for challenging a will
Losing a loved one is never easy and finding out you were left out of their will can come as an unpleasant shock. When this happens, those in the Tampa area may want to contest the will especially if they believe their disinheritance was due to defects in the will,...
Accused of breach of fiduciary duty? Know how to defend yourself
Serving as a trustee can be an honor, but it can also be enormously stressful. After all, you’re tasked with putting the financial interests of others ahead of your own, and when it comes to money, every minor misstep is placed under the microscope. While most...
The probate process starts with the filing of a petition
One of the few guarantees in life for people in Florida is that at some point in time everyone will pass away. People may not know when or how they may pass away though. The hope is that people will live a long, full life but not everyone is that lucky. However, no...
Why are wills contested in probate?
A will is a powerful testamentary document that can help a Tampa resident accomplish their estate planning wishes. Through a will a person can bequeath property to beneficiaries, identify guardians for their minor children, and direct assets to charitable...
Why knowing about the fiduciary duty is important
Estate plans are meant to give clear guidance as to how assets are to be distributed upon death. While many estate plans are very clear and there is little dispute as to their validity, issues can still arise during the administration of the estate. For example,...