Elder financial abuse is a distressing reality that can occur in various forms. They include manipulation, coercion or exploitation of older adults for financial gain. When it comes to contesting a will in Florida, recognizing signs of elder financial abuse is...
Estate Litigation
What are the reasons people could contest a will?
When an individual dies, they may have left behind a plan for what to do with their belongings and estate. Their will typically outlines how to distribute their assets among their loved ones. However, there are instances where beneficiaries may feel compelled to...
Preventing contests when leaving someone out of a will
Effective estate planning requires ensuring that wishes are clear and legally binding. In Florida, leaving someone out of a will can be a sensitive issue that requires careful consideration. There are some important considerations to keep in mind when excluding...
Will contests in Florida: What to know
When it comes to the distribution of assets after someone dies, a will is a crucial document. Will contests are legal disputes that can impact the intended distribution of an estate. Understanding the relevant laws helps you achieve your desired outcome. Grounds for...
The risks of leaving your spouse out of your will
Caring.com reported that two out of three people in its 2023 Will Survey did not have an estate plan. Not having a plan in place is bad, but it can be equally terrible if you fail to consider the law when creating your estate plan. Decisions surrounding who inherits...
How does the probate court handle debts?
American households typically have $155,622 in debt on average. If such an individual dies with this debt, what happens to it? The surviving heirs and spouse typically do not inherit the debt. Rather, this is a matter for the executor and the estate of the decedent....
When may someone contest a will and who defends the estate?
Anyone who believes they may have an interest in the deceased's assets may contest a will in probate court. According to the Florida State Legislature, after the testator's death, an individual may dispute an entire will's contents or a portion of it. Wills must name...
What are fiduciary duties?
If someone names you as the executor of their will or the trustee of their trust, you become a fiduciary while serving in those capacities. What this means, as the Legal Information Institute explains, is that everything you do as a deceased person’s executor or as...
The difference between mental health and mental competency
Mental health issues differ from mental competency, which reflects a need for creating a valid will in Florida. As defined by the U.S. Department of Health and Human Services, issues that may affect an individual’s mental health relate to social and emotional factors....
What is the burden of proof in contesting a will?
When someone contests a will, he or she is saying it is not valid. To do this, you must have proof to back up your claims. According to the Florida Statutes, the burden of proof lies with you when you contest a will. The court will need to see evidence that supports...