A challenge of a will can happen at any time. However, overturning a will after probate is extremely rare. Probate courts generally respect the wishes of the deceased, and most will contests occur before the distribution of assets. Once a will has been probated, challenging it becomes far more difficult.

Common Reasons a Will Might Be Contested

Challenges must have valid legal grounds, not just dissatisfaction with asset distribution. Common reasons include:

• Improper execution: The will was not signed or witnessed according to state law.
• Lack of capacity: The deceased was mentally incapacitated due to intoxication or illness and did not understand their assets or heirs at the time of signing.
• Undue influence: Someone coerced the testator into making decisions against their free will. An example would be a relative manipulating the deceased to favor them.
• Fraud: The testator was misled about the nature of the document they signed or perhaps documents were falsified.

Only individuals named in the will or who would inherit if it were invalid can contest it.

After Probate

Once a will has passed probate, assets are distributed, debts and taxes are paid, and the estate is closed. Challenging a will at this stage is difficult because the estate’s assets may no longer be available, and legal deadlines may have passed.

An estate can sometimes be reopened if new information surfaces. An example would be newly discovered heirs. Occasionally, previously unknown heirs come forward after probate. They may be entitled to a share of the estate under state inheritance laws. Courts may reopen the estate to include these heirs, which can alter distributions.

Clerical or procedural errors may also be a reason. Errors in the probate process itself, such as mistakes in filing, notifications, or asset distribution, can sometimes give grounds to challenge a will after probate. While rare, courts may correct such errors to ensure the estate is handled properly.

In such cases, the court may adjust distributions according to the will’s terms, but overturning the will entirely is uncommon unless the will is deemed invalid.

It is possible that a more recent will could also be discovered. Sometimes a previously unknown will surfaces after probate has closed. If it is properly executed and more recent than the probated will, it may override the earlier version. Courts may need to reopen the estate to honor the new document.

Seek Legal Help

Challenging a will is typically done early in the process. It can be done later on, but it can be complicated and time-consuming.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can speed up the process and help you understand your options. We can help with wills, trusts, probate and estate administration disputes. To schedule a consultation, call (954) 764-4330 or fill out the online form.

Source:

trustandwill.com/learn/can-a-will-be-overturned-after-probate

If you create original works, such as music, books, photos, or software, they are protected as intellectual property under copyright law. Therefore, it is important to consider what happens to those rights when you die so your legacy and financial interests are preserved.

Copyright gives the creator exclusive rights to use, reproduce, and distribute their work. In the United States, copyright protection generally lasts for the creator’s life plus 70 years for works created on or after January 1, 1978. For works made anonymously, under a pseudonym, or as “work‑for‑hire,” protection typically lasts either 95 years from publication or 120 years from creation, whichever comes first.

Copyright is personal property, so your rights can be passed on after you die just like money, real estate, or other assets. If you die with a valid will, you can name whoever you choose as the beneficiary of your copyrighted works.

If you die without a will, state intestacy laws determine who inherits your copyright. In most states, the distribution starts with your spouse, then children, and then other relatives according to a hierarchy defined by law.

Transferring Copyright

There are a few ways ownership of copyright can move after death:

• Through a will: You can specifically pass on copyrights to one or more people.
• Through a trust: Placing copyrights in a trust lets them pass directly to beneficiaries without going through probate.
• Through state law: If you don’t plan ahead, state succession laws decide who gets your copyright.

Once copyright ownership legally transfers to someone after your death, that person has the same rights you had. They can reproduce, license, distribute, or sell the work, and collect any income it generates, for the remainder of its copyright term (usually until 70 years after your death).

If a work is jointly owned by multiple heirs, they typically share the rights and any profits according to the ownership interests they inherit, and individual owners may be able to license the work non‑exclusively without unanimous consent in some cases.

Without an estate plan, you lose control over who inherits your creative legacy. Planning ahead lets you:

• Choose specific beneficiaries for key works.
• Control how your creations are used after you’re gone.
• Avoid prolonged disputes or delays in distributing royalties

Seek Legal Help

If you have created content, who will inherit it when you die? What will happen to your life’s work when you pass away?

An estate plan can help ensure that the ownership of your copyright will transfer to your desired person. Get the estate planning help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. We can help with wills, trusts, probate and estate administration disputes. Call (954) 764-4330 or fill out the online form to schedule a consultation.

Source:

trustandwill.com/learn/who-inherits-copyright-after-death

Probate in Florida can be expensive, and the total cost often surprises families. While every estate is different, probate expenses typically reduce the value of an estate before assets are distributed to beneficiaries. Understanding where these costs come from can help families plan ahead and avoid unexpected financial burdens.

Attorney Fees 

One of the biggest probate costs in Florida is attorney fees. Unlike many states, Florida law provides guidelines for what is considered a reasonable probate attorney fee based on the value of the estate. These fees are often calculated as a percentage of the estate’s total value.

Typical statutory fee guidelines include:

• $1,500 for estates valued at $40,000 or less.
• $2,250 for estates between $40,000 and $70,000.
• $3,000 for estates between $70,000 and $100,000.
• About 3% of the estate value for estates between $100,000 and $1 million.
• 5% for the next $2 million.
• 2% or less for higher-value estates.

Court Fees and Filing Costs

Probate cases also require court filing fees. While smaller than attorney fees, they still add to the total cost.

Typical court costs include:

• $345 to $400 for filing a probate case.
• Fees for certified copies of documents.
• Recording fees for certain filings.
• Publication costs for creditor notices.

Each individual charge may seem small, but these expenses can quickly add up during the probate process. 

Additional Administrative Expenses

Other costs that can increase probate expenses include:

• Property or asset appraisals.
• Accounting or tax preparation.
• Creditor notifications.
• Document preparation and mailing.
• Real estate sale expenses.

Depending on the estate’s complexity, these additional costs may add hundreds or even thousands of dollars to the overall probate bill.

Personal Representative Fees

The personal representative is also entitled to compensation for managing the estate. Like attorney fees, these payments are often calculated as a percentage of the estate’s value.

Total Probate Costs

When all expenses are combined, probate typically costs between 3% and 7% of the estate’s total value. For many estates, this can translate into significant financial loss:

• $100,000 estate: roughly $3,000 to $7,000 in total costs
• $300,000 estate: potentially $9,000 to $21,000
• $1 million estate: $30,000 or more depending on complexity

These costs are paid directly from the estate before heirs receive their inheritance.

Seek Legal Help

Probate can be a costly process. The more assets your loved one has, the more the process will cost.

Having an estate plan in place can minimize the burden on your loved ones. Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can guide you through the process and minimize conflict. Schedule a consultation with our office today by filling out the online form or calling (954) 764-4330.

Source:

trustandwill.com/learn/florida-probate-fees

But you may wonder how life insurance works. Does it go through probate?

The good news is that life insurance often allows money to pass to beneficiaries without going through probate. However, whether a policy becomes part of probate depends largely on how the policy is structured and whether beneficiaries are properly named. Here is what you should know about life insurance so that you and your family can avoid delays and reduce legal complications.

Life Insurance Usually Avoids Probate

In most cases, life insurance proceeds do not go through probate. When someone purchases a life insurance policy, they typically name one or more beneficiaries who will receive the death benefit after the policyholder dies. Because the beneficiary designation is part of the policy contract, the insurance company pays the proceeds directly to the named individual.

This direct payment process means the funds bypass probate court entirely. Beneficiaries usually only need to submit a claim and provide a death certificate to receive the payout. As a result, life insurance benefits can often be distributed much faster than assets that must pass through probate.

Another advantage is that funds paid directly to beneficiaries generally do not become part of the estate available to creditors, allowing families to receive the full benefit more quickly.

When Life Insurance Does Go Through Probate

Although life insurance frequently avoids probate, there are situations where the proceeds may become part of the estate and require probate administration.

Common examples include:

• No beneficiary listed on the policy.
• The named beneficiary has already passed away.
• The estate is named as the beneficiary.
• The beneficiary is a minor.
• The insurance policy information was never updated after major life events.

In these situations, the insurance company may issue the payout to the estate rather than to an individual beneficiary. When this happens, the money becomes part of the probate estate and must be distributed through the probate process. This means the funds are managed by the estate’s personal representative or executor and are subject to the probate process.

During probate, the proceeds may be used to:

• Pay outstanding debts.
• Cover taxes or administrative costs.
• Satisfy creditor claims.
• Distribute remaining funds to heirs according to the will or state law.

Seek Legal Help

People often want to avoid probate and the good news is that life insurance typically does bypass probate. However, it needs to be structured properly.

Have questions or concerns about your assets and what will go through probate? Get the help you need from Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. Fill out the online form or call (954) 764-4330 to schedule a consultation with our office.

Maybe. There is no clear cut answer. Whether or not you can deduct the expense depends largely on who is claiming the deduction (the estate or an individual) and the specific type of expense involved. Here is what you need to know.

Claiming Expenses on the Estate’s Tax Return

In most cases, probate-related costs are considered administrative expenses of the estate. These can include court filing fees, executor or personal representative fees, attorney fees, accounting costs, appraisal fees, and expenses related to managing or preserving estate assets. When these costs are ordinary and necessary for settling the estate, they are generally deductible but only on the estate’s tax filings, not on a beneficiary’s personal return.

Estates may be required to file an income tax return using IRS Form 1041. On this return, certain administrative expenses can be deducted to reduce the estate’s taxable income. For example, legal and accounting fees incurred during probate, as well as costs associated with collecting income or maintaining estate property, are often eligible deductions. These deductions can help lower the overall tax burden on the estate, preserving more value for beneficiaries.

In addition to income tax deductions, some probate expenses may also be deductible for federal estate tax purposes if the estate is large enough to be subject to estate tax. This is done using IRS Form 706. However, there is an important limitation: expenses can only be deducted once. Executors must choose whether to claim certain costs on the estate’s income tax return or the estate tax return, depending on which option provides the greater tax benefit.

It is also important to distinguish between administrative expenses and personal expenses. Costs that benefit the estate as a whole, such as probate court fees or professional services, are typically deductible. On the other hand, expenses incurred by beneficiaries for their own benefit, such as travel costs to attend probate hearings or legal fees for individual disputes, are generally not deductible.

In any case, proper documentation is key. Executors should maintain detailed records of all probate-related expenses, including invoices, receipts, and payment records. This documentation is essential for substantiating deductions and ensuring compliance with IRS requirements.

Seek Legal Help

Probate can be costly, with executors spending a lot of money on fees and other expenses. Whether or not you can deduct these costs depends on the type of expense and whether the estate or an individual is claiming the deduction.

Have questions about probate and associated expenses? Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can answer your questions and help you understand what to expect during the process. Schedule a consultation with our office today by filling out the online form or calling (954) 764-4330.

Source:

trustandwill.com/learn/are-probate-fees-tax-deductible

But what happens if no probate is ever filed? The consequences can be more serious than many people expect, affecting beneficiaries, creditors, and even the person responsible for managing the estate.

However, not every estate requires formal probate. Some assets, such as those held in a living trust, jointly owned property, or accounts with designated beneficiaries, can pass outside of probate. Smaller estates may also qualify for simplified procedures. Florida offers summary administration, which is a fast-track process for estates with non-exempt assets of $75,000 or less. Estates also qualify if the decedent passed away more than two years ago.

When you do not initiate probate, several things can happen. Here is what you need to know.

Assets Are Not Transferred

One of the most immediate issues is that assets may remain in the deceased person’s name indefinitely. Without probate, there is no legal process to transfer ownership of property such as real estate, vehicles, or financial accounts. This can leave heirs unable to sell, refinance, or access those assets. For example, a home cannot be transferred to beneficiaries without court authorization, which can create long-term complications.

Payment is Delayed for Creditors

Failing to open probate can also delay or prevent creditors from being paid. Probate provides a structured process for notifying creditors and settling outstanding debts. Without it, debts may linger unresolved, potentially leading to legal disputes or claims against the estate later on. In some cases, creditors may take action to force probate to recover what they are owed.

Legal and Financial Risks

The person named as executor in a will may also face legal and financial risks. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. Ignoring the probate process could be seen as a failure to fulfill those responsibilities, especially if it results in financial harm to others involved.

There can also be consequences for beneficiaries. Without probate, there is no formal system to ensure that assets are distributed according to the will or, if there is no will, according to state law. This can lead to confusion, disagreements, or even litigation among family members. In some cases, assets may effectively become “stuck,” with no clear path for distribution.

Seek Legal Help

Refusing to go through probate is not a good option after a loved one’s death. While many people dread the process, probate needs to be done in order to allow assets to be distributed and debts to be paid. When probate is required and not filed, the estate can remain in legal limbo.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can make the probate process easier. Let us address your specific situation and answer your questions.  We can ensure the estate is handled properly. Call (954) 764-4330 or fill out the online form to schedule a consultation with our office today.

Source:

trustandwill.com/learn/what-happens-if-no-probate-is-filed

The unpredictability of death can be scary for the person who dies as well as their loved ones. When you or a family member dies in another country, what happens next? How does probate and the distribution of assets work?

If you die in another country, what happens to your assets depends on where the assets are located, your citizenship and residency status, whether you have a will, and international laws and treaties. Here is a clear breakdown.

First Things First

After a death, take these steps to protect your family’s interests:

1. Notify local authorities and embassy. The local death should be registered. The home country’s embassy or consulate must be informed to ensure relevant documentation flows properly.
2. Obtain a death certificate. A certified local death certificate is needed. You may need to arrange repatriation of remains or burial locally.
3. Secure assets and documents. Freeze or secure bank accounts, safe deposit boxes, property, and other investments. Local attorneys can help collect key documents like wills, deeds, titles, and insurance policies.
4. Open estate administration as needed. Depending on the asset location, you may need to open an estate in the foreign country and back home.

Assets in Your Home Country

If your assets, such as bank accounts, real estate, investments, or business interests, are located in the United States, they typically go through probate or estate administration there, even if you die abroad. Your will, if valid under United States law, generally controls how those assets are distributed.

Assets Located in the Foreign Country

Assets physically located in another country are usually governed by that country’s inheritance and probate laws. Many countries require a separate probate proceeding there.

Keep in mind that foreign banks often freeze accounts immediately upon death, requiring formal probate before funds are released. This can significantly delay access for heirs.

International Wills

Not all countries recognize foreign wills. Some require:

• Translation of documents.
• Local court validation.
• Appointment of a local estate administrator.

Without a valid will, local intestacy laws apply, which may distribute assets differently than the laws in the United States. If you own property, investments, or businesses in another country, international estate planning is essential.

Seek Legal Help

Dealing with a family member’s estate is complicated enough. When that person dies in another country, various laws may interact and cause a lot of confusion.

A Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can answer your questions about estates, probate, and other death-related legal matters. We are here for you to protect your legal rights and interests. Schedule a consultation with our office today. Call (954) 764-4330 or fill out the online form.

Source:

estatementors.com/dying-abroad-legal-and-practical-steps/

Probate is not an easy process. It involves court hearings, and they can feel intimidating, especially if you are grieving and unfamiliar with court procedures. A probate hearing is a court proceeding where a judge oversees the administration of a deceased person’s estate. The court reviews the will (if one exists), confirms the appointment of an executor, and ensures legal requirements are followed.

The first probate hearing is likely to be one of the most important ones, as it typically sets the foundation for the entire probate process and determines who has authority to manage estate assets, pay debts, and distribute property to beneficiaries. Understanding what happens during this hearing and how to prepare can ease anxiety, prevent delays, and help ensure the estate administration process moves forward smoothly.

In most cases, attendance is required for the executor, attorneys representing the estate, and interested parties if disputes exist. Beneficiaries typically do not need to attend unless there is a disagreement or legal challenge. Here are some other things you should know.

Gather Key Documents

Bring certified copies of:

• The death certificate.
• The original will.
• Filed probate petition.
• Any notices sent to heirs and creditors.

Understand Your Role

If you are seeking appointment as executor, be ready to confirm:

• Your relationship to the deceased.
• Your willingness to serve.
• Your ability to fulfill fiduciary duties.

Review Potential Issues

Identify any possible disputes, missing heirs, creditor claims, or questions about asset ownership that may arise.

Dress and Act Professionally

Court etiquette matters. Dress conservatively, arrive early, and speak respectfully when addressing the judge.

How Long Does the Probate Process Take After the First Hearing?

While the first hearing may be short, probate itself often lasts six months to two years, depending on:

• Estate size.
• Asset complexity.
• Creditor claims.
• Disputes among heirs.

Once the probate hearing concludes, you will need to

• Administer the estate.
• Notify creditors and pay debts.
• Distribute assets.
• Close the estate.

Probate ends once all these steps have been completed.

Common challenges at first probate hearings include:

• Missing paperwork.
• Improper notice to heirs.
• Will contests.
• Executor disputes.
• Creditor objections.

Any of these issues can delay probate and increase legal costs. Proper preparation at the first hearing can significantly reduce delays. Having a skilled estate planning lawyer on your side can also be extremely helpful.

Seek Legal Help

Probate matters can be tricky. You will likely have to attend multiple court hearings, so being prepared is essential.

Count on Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. for help with your probate hearings. We will help you understand what to expect and guide you through the process with ease. To schedule a consultation with our office, call (954) 764-4330 or fill out the online form.

You will want to make sure you retain coverage during this time. This means communicating with the insurance company and understanding your options.

Because probate can take months or even years, ensuring uninterrupted coverage protects the property from financial loss and legal exposure. Taking proactive steps early can prevent unexpected lapses, increased premiums, or costly uninsured damages.

Transferring Home Insurance After a Death

One of the first challenges after a homeowner’s death is determining who has legal authority over the property. Most insurance policies only allow the named policyholder to file claims or receive payments. While coverage typically transfers automatically to a surviving spouse listed on the policy, other heirs or beneficiaries must act quickly to notify the insurance provider and confirm continued coverage.

Most insurers allow a limited period (30 days or so) to formally report the death and provide documentation such as a death certificate. Prompt notification helps prevent unexpected policy cancellations. Since probate can take months, heirs should also confirm whether temporary or extended coverage options are available until ownership is officially transferred or the home is sold.

How Homeowners Insurance Works During Probate

Probate is required before legal title to the property can change hands, which creates a coverage gap risk. If a beneficiary plans to occupy the home, insurers may allow the existing policy to remain active. However, if the property remains vacant or probate extends for a long time, the insurer may require special vacancy insurance for unoccupied properties, which is typically more expensive than standard homeowners coverage.

Why Vacant Homes Pose Higher Insurance Risks

Insurance providers consider vacant homes to be high-risk. Unoccupied properties are more vulnerable to break-ins, vandalism, burst pipes, mold, fire, and unnoticed structural damage. If a home is left vacant without notifying the insurer, coverage could be reduced or denied entirely.

To minimize risk, heirs may consider keeping the home furnished, checking on it regularly, or temporarily residing in the property. Maintaining active occupancy helps preserve standard insurance coverage and prevents costly policy changes.

Key Steps to Protect Coverage During Probate

If you inherit or manage a property during probate, taking early action can help ensure continuous protection:

• Notify the insurance company promptly and submit a death certificate.
• Confirm whether existing coverage can remain in place.
• Ask about temporary or probate-specific insurance options.
• Determine whether occupancy affects coverage.
• Keep policy documents accessible with estate records.

Seek Legal Help

There is a lot to worry about during probate and not many people think about homeowner’s insurance. However, it is something to consider if a person dies and they owned a home.

Probate can be tricky. Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can answer your questions and assist you with the process. Schedule a consultation with our office today by filling out the online form or calling (954) 764-4330.

Source:

trustandwill.com/learn/home-insurance-during-probate

In Florida, the average time for probate is 6 to 9 months. Simplified estates take even less time, while contested estates can take much longer. Probate can be costly, with average costs ranging from $22,000 to $52,000.

Fortunately, there are several proven strategies that can help families save both time and money during probate.

Create a Clear, Updated Estate Plan

A well-drafted estate plan is one of the most effective ways to minimize probate complications. Having a legally valid will ensures assets are distributed according to the decedent’s wishes and reduces disputes among heirs. Keeping beneficiary designations current on accounts like life insurance, retirement plans, and payable-on-death bank accounts also allows assets to bypass probate entirely.

Organize Financial and Legal Documents in Advance

Gathering financial records, property deeds, account statements, tax returns, and insurance policies early helps streamline the probate process. When documentation is missing or disorganized, courts may require additional filings, hearings, and investigations, which can add time and expense.

Simplify Asset Distribution

The fewer assets that pass through probate, the quicker and less expensive the process becomes. Jointly owned property, transfer-on-death accounts, and beneficiary-designated assets transfer automatically and reduce the overall probate workload.

Avoid Family Disputes

Contested estates often lead to prolonged litigation, which can dramatically increase costs. Clear estate planning, transparent communication, and realistic expectations help prevent conflicts. In some cases, mediation may resolve disagreements more affordably than court battles.

Consider Small Estate Procedures

Florida and other states offer simplified probate procedures for smaller estates. These processes involve fewer court filings, lower fees, and faster resolution. If the estate qualifies, this option can significantly reduce both time and expense.

Pay Debts and Taxes Promptly

Delays in settling outstanding debts and taxes can extend probate unnecessarily and trigger penalties or interest. Addressing these obligations early helps move the process forward and prevents additional financial strain.

Keep the Estate Property Maintained

Unmaintained homes or assets can lose value during probate. Regular upkeep, insurance coverage, and security help preserve property value and prevent costly repairs or liability issues.

Close Accounts and Distribute Assets Efficiently

Once debts and taxes are resolved, promptly distributing remaining assets prevents extended court supervision and additional administrative costs.

Seek Legal Help

Saving time and money during probate largely comes down to planning, organization, and proactive management. Taking these steps not only protects estate assets but also provides peace of mind.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can guide you during this difficult time. We will strive to protect both your legal interests and family relationships to the greatest extent possible. Fill out the online form or call (954) 764-4330 to schedule a consultation with our office today.

Source:

trustandwill.com/learn/what-americans-dont-know-about-probate-court-key-stats