Category Archives: Probate Litigation
What is the Florida Medicaid Estate Recovery Program?
Not many low-income people have a trust in place for when they die, but those who received Medicaid assistance may want to have it in order to protect their assets. Under federal law (and implemented in Florida under Florida Statute 409.9101), when a person who received Medicaid assistance dies, Medicaid can file a claim… Read More »
Complex Intestacy Situations
Many people avoid estate planning. They may not think they need a will. After all, they do not have many assets anyway. What would be the point? The point is: while estate planning can be complex in some cases, not having an estate plan can be even more complicated. Intestacy arises when someone dies… Read More »
Florida Probate Costs: What to Expect
In Florida, when someone dies, their estate often goes through probate, a court process used to settle the estate. Probate begins with appointing an Executor (Personal Representative), who is authorized to pay debts and taxes and then distribute remaining assets to beneficiaries. Many people ask about the cost of probate, but there is no… Read More »
Digital Wills and Electronic Signatures
In the past, important legal documents were solely in hard copy format and had to be signed in person. Services such as DocuSign have made gathering signatures a lot easier nowadays. And even documents such as wills can now be created and signed electronically. Digital wills and electronic signatures represent a major shift in… Read More »
Online Businesses and Probate Issues
If you own an online business, planning for its future is necessary. In today’s digital economy, entrepreneurs increasingly build wealth and careers through online stores, content platforms, digital services, and internet-based businesses. However, these ventures are intangible, account-based, and often tied to multiple online platforms, which can make transferring ownership at death difficult or… Read More »
Managing Foreign Assets in Probate
If you own property, investments, or other assets in more than one country, planning for what happens after you die becomes more complex. An estate that includes assets in different jurisdictions is usually called a cross-border estate, and it presents unique probate challenges that aren’t part of a standard domestic estate plan. Understanding how… Read More »
Probate Involving an Insolvent Estate
As an executor of an estate, nothing is more devastating than expecting assets from the deceased’s estate but instead dealing with massive debt obligations. In some cases, a person may die with more debts than assets. An insolvent estate exists when the deceased person’s debts and obligations exceed the value of their probate assets…. Read More »
Can I Have Multiple Executors for My Will?
If you are in the estate planning process, you may wonder about who to choose your executor. It may not be an easy choice. Perhaps you have multiple children who may be a good fit. Or maybe you have a complicated estate and having more than one executor to carry the load just makes… Read More »
Dealing With Stolen Inheritance
Losing a loved one is hard enough. Discovering that part of your inheritance may have been taken unfairly can add emotional and financial stress. If you believe someone has stolen or diverted inheritance that should be yours, you may think that it is gone forever. Not necessarily. Fortunately, there are things you can do… Read More »
What Happens When No One Agrees on the Executor?
When a loved one passes away, someone must be appointed to manage the estate, pay debts, protect property, and distribute assets according to the will or state law. But when the family cannot agree on who should serve as executor, or the person who was chosen to be executor decides to back out, the… Read More »