Category Archives: Probate Litigation
Can a Verbal Promise Override a Written Will?
Before your grandpa died, he verbally promised to give you his classic car that you have always had your eye on. When he passed away, you assumed you would get it. After all, he promised! But unfortunately, in the world of estate planning, a verbal promise, or oral agreement, is basically worthless. Unless it… Read More »
Disputes Over Real Estate in Probate
Probate is a common event after a person dies. Their estate must be settled, and unless there is a trust in place, the estate will have to go through the court. Probate can take a long time. For small, simple estates, the process may take 5 to 6 months. For more elaborate estates, probate… Read More »
Seven Carpenter Factors in Undue Influence Claims
In Florida probate litigation, a common ground for challenging a will or trust is undue influence by a beneficiary who had a confidential relationship with the decedent. One must show not only that such a relationship existed, but that the beneficiary actively procured the will or trust. Proving active procurement of a will or… Read More »
The Importance of Choosing the Right Executor
When it comes to creating an estate plan, choosing the right person to implement it is key. Once you get your will or trust in place, you then need to have someone in mind to manage your estate after you pass away. This may or may not be the hardest part of the whole… Read More »
Lack of Testamentary Capacity: Proving Someone Wasn’t of Sound Mind
Dealing with a deceased loved one’s estate can be messy. Sometimes heirs will contest a will after a loved one dies, especially if they feel the person creating the will was not of sound mind. They may try to prove lack of testamentary capacity. Testamentary capacity refers to whether a person has the mental… Read More »
How to Remove an Executor
Estate planning is often an arduous process that requires a person to make a lot of choices. This includes choosing an executor. When you draft a will, you appoint an executor to manage your estate, make sure your wishes are carried out, settle debts, and distribute your assets. But what happens if you change… Read More »
Stepchildren and Inheritance Rights
Blended families are becoming more common nowadays. Couples marry, have children and divorce. Some go on to marry others with children from previous relationships and they may even have children of their own together. Some people automatically consider their children and their spouse’s children to be their own, but inheritance law does not operate… Read More »
How Probate Courts Handle Sibling Disputes Over Inheritance
When a loved one dies, there is a lot of grief involved. When family members have to deal with the deceased person’s estate, there may be even more intense emotions, such as anger. Estate conflicts can happen for many reasons, and sometimes even siblings can have disputes with each other. When siblings clash over… Read More »
Breach of Fiduciary Duty in Probate
When a loved one passes away, a family member typically needs to step in to act as the executor or administrator of the deceased’s estate. This person holds what’s called a fiduciary duty, which is a significant responsibility. It’s a legal obligation to act in the best interests of the estate and its beneficiaries…. Read More »
Signs a Will May Be Fraudulent or Forged
A beloved family member’s death is often one of the most devastating events a person will face in their life. Unfortunately, there are things that may happen during this time that can make matters even worse. One example is the possibility of a forged or fraudulent will. When a loved one passes away, they… Read More »