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Probate Litigation Archives

Those facing probate litigation may want legal advice

When a person in Florida loses a loved one they experience a wide range of emotions. Whether their loved one's life was cut short at a young age, or whether their loved one lived well into their elder years, it is never easy when a loved one dies. Sadness can overwhelm a person during such a time. However, this sadness can be compounded if a person thinks their loved one's estate is being mishandled. That is because even if a loved one left a will, there are reasons why a person might have an issue with the will that leads to probate litigation.

Can a person in Florida disinherit their spouse or child?

Family dynamics can be complicated, especially if a person in Florida tries to disinherit a relative. The reason for the disinheritance aside, it is important to know that there are some laws that override a person's will. This may be the case for a decedent's surviving spouse and children.

My dad's estate is going into probate: What should I expect?

If your parent recently died in Florida, the estate will likely need to go through the probate process. In the vast majority of probate cases, the process will be uncontested. However, if there is a disgruntled family member, a contestation is possible. In this case, you may need to take legal action to protect your inheritance rights - and ensure that your loved one's wishes are honored.

Judge believes it will take time to settle rocker's estate

Most Florida residents know that not having a will can lead to big problems for potential heirs. Without the proper estate planning tools to guide them, a decedent's family will not know how to correctly allocate assets from the estate. Worse, the heirs may begin to fight with one another over what asset belongs to whom and it could take years to properly settle the estate.

What are some common reasons for challenging a will?

A will is supposed to contain the final legal wishes of the testator and most people gathered at a will reading believe that this is probably the case. However, there are always situations where an heir believes that the testator's will isn't valid, but believing this to be so is just not enough. Someone who is concerned about a family member's will must be able to prove that it isn't valid. What are some of the most common reasons for challenging a will?

The importance of legal help in probate litigation in Florida

One of the more difficult situations that families will face in Florida has to do with probate issues and the possibility of litigation. It might seem untoward to have to move forward with a legal filing based on these circumstances, but there are times when it is absolutely necessary to protect those involved with the case. This is true whether there are substantial assets in dispute or the estate is one of more modest means. Everyone can use legal help in probate cases. Having legal advice when determining whether a court battle must be waged is one of the keys to settling the matter.

Children believe that step-mother filed false will for father

In the world of estate planning, anger and resentment can reach a very high level if heirs of a testator believe that they have been improperly left out of that person's will. These individuals may go to extreme legal lengths, including claiming undue influence or fraud, in order to get what they believe is theirs. In a recent example of this, two children of a deceased physician have gone to court because they believe that their father's will was fraudulent.

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