Category: Contested Estates

How Much Time Do I Have to Contest a Will?
Contested Will Attorney
Posted December 12, 2018

Although many people assume that they have an unlimited amount of time to contest a will, the reality is that Florida law caps the amount of time that claimants have to contact a probate court and file a will-related dispute. To ensure that you have a firm grasp of these laws, please contact a member […]

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Payable-on-Death Accounts
Contested Estates Attorney
Posted May 22, 2018

When a person passes away, his or her estate is usually distributed by a probate court. This court-supervised process tends to be expensive and time-consuming, so most people attempt to avoid it by establishing a trust or creating a payable-on-death account. The latter, which are also known as PODs, are set up for a number […]

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Most Common Reasons to Contest a Will
Contested Will
Posted April 23, 2018

Even when a person creates a will, a relative or other interested party can still contest that will after the testator’s death, but only if there is evidence of fraud, lack of testamentary capacity, or proof that the will does not meet the necessary legal requirements. However, proving that a will is not valid is […]

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Small Estate Affidavits
Contested Estates Attorney
Posted February 07, 2018

Even when a person goes through the process of drafting a will or creating a trust, his or her estate must still go through formal probate proceedings, which can be time-consuming and costly. During this time, a disgruntled family member could also come forward and claim that the estate plan is invalid, which could result […]

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What is Testamentary Capacity?
Contested Estates Attorney
Posted December 19, 2017

When planning an estate, many people are confronted for the first time with the phrase “testamentary capacity,” which is a legal term that refers to a person’s mental capacity to draft a will or create a trust. If a court finds that a person lacked testamentary capacity, then it will invalidate any will that the […]

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Life Estates
Contested Estates Attorney
Posted November 16, 2017

While many testators want to leave their estates to a surviving spouse or another party, it is also not uncommon to take steps to ensure that the remainder of the estate will be available to someone else after the first beneficiary passes away.  When drafted correctly, these documents can help families avoid conflict over the […]

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The Value of Inherited Real Estate
Estate Planning Attorney
Posted October 26, 2017

When a decedent passes away and leaves real estate to a loved one or heir, the beneficiary will eventually need to find out the property’s fair market value. This is true for a variety of reasons. For example, a beneficiary will need to report any taxable gain or loss on the sale when paying taxes. […]

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Should I Contest a Relative’s Will?
Contested Estate Attorney
Posted June 21, 2017

Wills can be contested for a number of different reasons. For instance, a will may not have been signed and executed in accordance with state law or a decedent may have lacked the testamentary capacity to draft a will in the first place. However, it can be extremely difficult to successfully contest a will. As […]

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Estate Valuation
Contested Estates Attorney
Posted May 08, 2017

The value of a testator’s possessions can and does cause conflict in the administration of many estates. However, there are steps that testators and executors can take to help ensure that valuations are completed carefully and accurately. Furthermore, there are a number of federal regulations with which property owners must comply when valuing their assets […]

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Executor Responsibilities
Contested Estates Attorney
Posted April 12, 2017

Executors have many important responsibilities when it comes to administering a testator’s estate. For this reason, anyone who is considering creating or altering a will should take great care when assigning someone to be an executor. Choosing an irresponsible person to be the executor of your estate can have serious consequences, so if you are […]

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