Author Archives: Jay Butchko
When Heirs Can’t Agree: What Really Happens to a Contested Florida Estate
Grief has a way of complicating math. Splitting an estate three ways sounds simple on paper, until one sibling wants the house, another wants it sold, and a third insists Dad meant something different than what the will says. When heirs disagree in a Florida probate case, the estate doesn’t just stall out of… Read More »
Was That Will Really Signed With a Sound Mind? What Florida Law Requires
It is one of the most common phrases in estate law, and one of the least understood: sound mind. Florida requires it as a condition for making a valid will, but the statute itself gives almost no detail about what the phrase covers. That gap is where many will contests begin. A family member… Read More »
When a Trustee Crosses the Line: Understanding Personal Liability in Florida
Most people assume a trustee is shielded from personal financial risk simply by holding the title. That assumption is only partly true. Florida law draws a line between actions a trustee takes on behalf of the trust and actions that fall outside the scope of proper administration. Cross that line, and the protection between… Read More »
Think Something’s Off About a Loved One’s Will? Here’s How Contesting It Actually Works
Finding out you were left out of a will, or that the terms just don’t sound like the person you knew, is a gut punch. Maybe a sibling suddenly got everything. Maybe an outsider entered the picture right before the person passed and somehow ended up with the house. It’s natural to wonder whether… Read More »
When a Trustee Breaks Trust: Understanding Trust Litigation in Florida
A trust is often set up to make life easier for the people left behind, avoiding probate court and giving a trustee clear instructions on how to manage and distribute assets. But trusts don’t always work the way they’re supposed to. When a trustee mismanages funds, ignores the terms of the trust, or plays… Read More »
What a Contested Estate Actually Costs in Fort Lauderdale (It’s More Than You Think)
Regular probate already comes with fees most people don’t expect. Once a dispute gets added on top, like a challenge to the will or accusations that a personal representative isn’t doing their job, the price tag can climb a lot further and a lot faster than families anticipate. If you’re heading into a contested… Read More »
When a Will Doesn’t Add Up: Undue Influence and What Beneficiaries Should Know
Every family has that moment. A parent passes away, the will gets read, and something feels off. Maybe a caregiver who showed up two years ago is suddenly getting the lion’s share of the estate. Maybe a sibling who barely visited is now in charge of everything. If that sounds familiar, you may be… Read More »
Don’t Let Family Politics Cost You What You’re Owed: Protecting Your Inheritance Rights in Florida
Losing a loved one is hard enough without wondering whether you’ll actually receive what they intended to leave you. Unfortunately, inheritance disputes are common, whether they stem from a poorly drafted will, a sibling who was named executor and isn’t communicating, or outright suspicion that someone influenced a parent’s final wishes. If you’re worried… Read More »
Who’s Really Running the Estate? Administration Disputes in Fort Lauderdale
Someone has to manage an estate once probate opens, whether that means gathering assets, paying off debts, or eventually handing property over to the people entitled to it. Most of the time that person, the personal representative, does the job without much drama. But estate administration touches money, property, and family history all at… Read More »
Formal vs Summary Probate in Florida: Which Path Fits Your Situation?
Not every estate in Florida has to go through the same long, drawn out probate process. Depending on the size of the estate and how long ago the person passed away, families sometimes have a shortcut available. Knowing the difference between formal and summary administration can save a lot of time, money, and frustration,… Read More »