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Category Archives: Probate

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Life Insurance and Your Estate Plan: What Could Possibly Go Wrong?

By David Toback |

Life insurance has a reputation for being one of the dullest, most risk-averse things a person could buy.  Brash, Entrepreneurship bros everywhere, from multilevel marketing videos on YouTube to the first hour of The Wolf of Wall Street deride the boring schmoes who spend their hard-earned cash betting minuscule amounts of money on their… Read More »

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Can a Constructive Trust Solve Your Probate Problems?

By David Toback |

Florida law recognizes a variety of ways to keep certain assets out of probate.  There are rights of survivorship, transfer on death and payable on death accounts, good old-fashioned revocable trusts, and in the case of married couples, tenancy by the entireties.  Florida also interprets the legal concept of a “constructive trust” differently from… Read More »

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How Flexible Are Probate Courts About Documents Filed Late?

By David Toback |

There is a popular saying in civil law that the law favors the vigilant.  This is why many legal processes have a statute of deadlines, which is a deadline by which you must file your claim or lawsuit if you want the court to consider your request for money from the party from which… Read More »

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Do You Need a Lawyer to Help You Resolve These Common Probate Disputes?

By David Toback |

If you are in the habit of viewing everything through a lens of gratitude, then you might consider it an honor to be the personal representative of a family member’s estate.  Your spouse, parent, or sibling trusted you to follow his or her wishes as listed in the will, and you are more than… Read More »

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The Family Allowance Protects Children Against Having Their Lives Put on Hold by Lengthy Probate Disputes

By David Toback |

In family law, you often hear that children are the innocent victims of divorce battles.  It is incredibly stressful for children to know that their parents are in court, arguing about whether the children will have to move out of their current home and whether or not they are allowed to spend Christmas with… Read More »

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Reopening an Estate for Probate After It Has Already Settled

By David Toback |

If you enjoy performing the tasks of the personal representative of an estate, you should consider a career as an estate planning lawyer.  Most people find the task stressful, even if they knew for years in advance that their parent, spouse, sibling, aunt, or uncle had named them as a personal representative in their… Read More »

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Selling a House During Probate Is a Hassle, but Most Probate Sales Can Be Avoided

By David Toback |

You might have consoled your children, grandchildren, nieces or nephews on the eve of their weddings that few other events in their lives will involve as much stress as wedding planning.  In fact, there are a few other major life events that almost always involve prolonged stress, but not very many.  Caring for a… Read More »

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Transfer on Death and Payable on Death Clauses: A Simple Way to Keep Assets Out of Probate

By David Toback |

Your will specifies who you want to inherit each of your assets after you are gone, but following the instructions in your will is only one part of the probate process.  In fact, your family members, lifelong friends, or favorite charitable causes will only receive their share of your estate after probate is finished,… Read More »

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Probate Provides an Opportunity to Resolve Disputes About the Estate of a Deceased Person, but Better Solutions Are Available

By David Toback |

When you are the personal representative of the estate of a deceased person, probate can feel like an unnecessary burden.  For example, why do you have to wait a minimum of three months before you can collect any of the money that the deceased person left to you in his or her will?  Why… Read More »

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Myths Regarding the Florida Probate

By David Toback |

If you live in Florida, it is important to make yourself aware of the varied nuances involved during the probate process. Probate can be mysterious, and this is why we are here with a list of myths to clear the air. Let’s have a look at some common myths. When you create a will,… Read More »

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