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Probate Litigation Archives

Know your options when it comes to probate litigation

When Florida residents approach estate planning, usually one of the main goals is to, hopefully, avoid any type of probate litigation at the time of the testator's death. Unfortunately, not all estate plans play out quite that smoothly. Many different types of issues can lead to probate litigation in Florida.

Some basics about probate court in Florida

Most Florida residents probably have a grasp on some of the more common aspects of estate planning. They know that a will is a document that will designate the distribution of assets to family members and friends upon the drafter's death. They also probably know that, if they die without a will, the procedures set out by state law will step in to designate the distribution of the estate. But, it can be important to dig a little deeper into some of the basics of estate planning and probate court in Florida.

How "undue influence" can lead to probate litigation

It can be difficult enough to see a loved one pass away without having to worry about the details of that person's will and how the estate will be distributed to heirs and beneficiaries. Unfortunately, sometimes when the terms of a person's will become known to those who thought they might have a share in the distribution of the estate, it becomes clear that something is "off." When a loved one left a disproportionate share of the estate to one particular person, allegations of "undue influence" can arise.

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.

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