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...
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....
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...
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...
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....
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...
If you have elderly parents, you may already have a good idea about what they want to happen to their assets after they die. Still, both to minimize confusion and to avoid future legal battles, it is a good idea to have your parents write a will. Because the document...
You likely hope that you can pass your estate to your children after your death with no problems. However, the probate process does not always go smoothly. Sometimes heirs end up going to court to contest for their share of an estate in addition to other forms of...
All Florida residents should be sure to create an estate plan, and it's important to update relevant documents as needed after a birth, divorce or other significant life event. If you plan on reviewing your final wishes, knowing more about the designated beneficiaries...
Disputing the provisions in a will is a time honored trope in TV and movies. In reality, that happens much less frequently than it did on Murder, She Wrote. There are very limited grounds on which someone can contest a will in Florida. They include things like not...
