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Category Archives: Probate

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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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Understanding Florida Probate

By David Toback |

You may have heard about probate, but do you really know what it is? Probate is the legal process of authenticating your Last Will and Testament after you die, assuming you left one. However, many people understand probate as being the entire process of having a person’s affairs settled after death. Under that idea… Read More »

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Should Transfer on Death Accounts Be Part of Your Estate Plan?

By David Toback |

Unfortunately, many estates end up going to probate. In some states this isn’t a major issue, but in others it can be a costly headache. That is why it is important to understand how Transfer on Death accounts operate and how they can be used as an estate planning tool to help you avoid… Read More »

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Nikolas Cruz’ Criminal Case Has Estate and Probate Legal Issues

By David Toback |

The criminal case involving accused school shooter Nikolas Cruz is in the early stages, but there are already angles of the case that are starting to involve probate and estate law. The post-tragedy legal situation is an interesting look about how estate law can come into play when least expected. Qualification to Use the… Read More »

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Why Paternity Matters in Estate and Probate Problems

By David Toback |

Children born out of wedlock may face difficulties when making claims on estates that they feel they have an interest in. Where parentage is an issue, establishing paternity is thought of as a family law issue, but paying attention to these issues can have serious probate and estate consequences as well. The Right to… Read More »

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What Happens to Florida Property That Belongs to Those Who Live in Other States?

By David Toback |

Florida is a popular vacation area, a popular state for people to own vacation homes and timeshares, and a popular place to visit. As a result, it is common that people who live out of the state may own property located in the state. Those people may have wills, estates, or trust documents that… Read More »

Human Remains Can Be a Difficult Subject of Estate Disputes

By David Toback |

Sometimes the law is ill equipped to deal with some of the most sensitive subjects in life, especially in the area of estate planning and probate, which deals with often painful and sensitive issues. Trying to fit the staid, cold provisions of law into the realities of human interaction can often lead to miserable… Read More »

Spendthrift Clauses Can Protect Your Trust Benefits

By David Toback |

As we know, creditors will do nearly anything to get their bills paid. Anything that you have, they will try to get. Yet, anything that you don’t have, but expect to receive later, they may try to get as well to satisfy outstanding debts or judgments. Trust Beneficiaries A common scenario involves someone who… Read More »

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