Author Archives: Jay Butchko
What is an Executor Not Allowed to Do?
When a person dies, their estate is handled by an executor. This person is often a family member but can also be a close friend, bank, or other entity. An executor has significant power, but those powers come with strict legal limits. Their job is to protect the estate, they cannot use it for… Read More »
Common Issues With DIY Wills
If you look online, you can probably find a template for just about any document. Wills are no exception. While it may be tempting to get a DIY will done online for under a few hundred dollars, it is risky. Each state has different guidelines when it comes to valid wills. In Florida, a… Read More »
Simple vs. Complex Estates
When it comes to estates, no two are the same. When a loved one dies, you may wonder whether or not an estate is simple or complex. Knowing this distinction is important. It determines the legal tools you will need and whether you should use a trust. Knowing the difference can also help you… Read More »
Can a Living Trust Be Contested?
Many people put a lot of thought into estate planning. They may bypass a will altogether and put their assets into a living trust to make things easier for beneficiaries. After all, a living trust often skips the probate process. But even though a living trust (also called a revocable living trust) is often… Read More »
What Happens if Multiple Wills Are Found?
Your family member left behind a will when they passed away, which is always great news. But then you find another. And another one. Now things are starting to get confusing. Which will is the right one? Multiple wills can create confusion, conflict, and costly delays. Fortunately, probate courts have clear procedures to determine… Read More »
Handwriting Analysis in Will Cases
Each state has specific requirements for wills. While most people who have wills have them prepared by an attorney, sometimes they handwrite their own wills. A handwritten will may or may not be valid in Florida. If the will is handwritten and not witnessed or notarized, then it is not valid. However, under Section… Read More »
Disputes Over Non-Probate Assets
When a loved one dies, their estate will likely have to go through probate. Probate assets include any possessions owned solely by the decedent, or deceased person. These assets must go through the probate process before being distributed. In contrast, non-probate assets are those that transfer directly to a beneficiary or co-owner and are… Read More »
Creditor Claims Against the Estate
Probate is not an easy process to deal with. Being an executor can be very stressful, as you are dealing with many elements, and many are legal in nature. One thing you might experience is a creditor claim against the estate. A creditor’s claim is a request made by someone who’s owed money by… Read More »
Will Interpretation Disputes
When a person leaves behind a will, you assume that the distribution of assets will go fairly smoothly. However, this is not always the case. When a decedent’s will contains ambiguous language, interested parties may bring a will construction action. A will construction action is a legal process where a court interprets ambiguous language… Read More »
Asset Valuation Disputes
Once you have located and collected the assets of the decedent’s estate, the next step is to determine the value of those assets. This valuation is generally required by the probate court and is important for several reasons: it helps assess whether the estate owes federal or state estate tax and aids beneficiaries in… Read More »