Category Archives: Probate
The Cash Gift That Can Come Back To Haunt Your Family Decades Later
What is the worst thing that can happen to a family when a recently deceased relative’s estate is going through probate? Is it a long-lost sibling, the product of a long-ago romantic relationship that Dad never told anyone about? Such events are rare, even though estate research firms sometimes try to tell people who… Read More »
Coping With Estate Inventory
When people find out that a recently deceased person has named them as personal representative of the estate, or when they try to settle the estate of a family member who died without a will, their biggest worries tend to revolve around disputes over inheritance rights, creditor claims gobbling up a significant portion of… Read More »
Do Business Ownership Interests Go Through Probate When A Business Owner Dies?
Some people love their jobs so much that they never want to retire, and some achieve that goal, continuing to work until they die. Certain professions attract this attitude more than others; no one dreams of being an octogenarian in a cubicle farm. Business owners are among those who aspire to draw their last… Read More »
Summary Estate Administration And Florida Law
You always hear that, when a family member dies, you must promptly submit a petition to the court for probate of the estate, but what happens if you don’t? Not much, except that the decedent’s heirs and creditors don’t get paid. It isn’t as if the estate can assess penalties on a dead person… Read More »
Are You In Compliance With Your Fiduciary Duty As Personal Representative Of An Estate?
A lot of people feel honored when they hear that a family member’s will contains a provision for the person to be appointed as person representative of the testator’s estate. Acting as personal representative of a family member’s estate can seem like an act of love, and people gladly take on the responsibility as… Read More »
Who Gets A Copy Of The Decedent’s Will During Probate?
Being the personal representative of the estate of a deceased person is a big job. This is why some people designate a probate lawyer to act as personal representative, and why some people whose family members named them as personal representative choose to hire lawyers to help them fulfill their duties as personal representative. … Read More »
Can You Request A Change Of Personal Representative In A Probate Case?
Family businesses aren’t for everyone. You might enjoy getting together with your siblings on weekends and holidays, playing crazy eights and quoting old movies, but the idea of having to include them in your financial decisions or counting on them to meet deadline is more stressful than you care to think about. Working in… Read More »
Getting Financial Compensation For Your Work As Personal Representative Of A Deceased Family Member’s Estate
If a family member has expressed a wish for you to act as the personal representative of their estate during probate, you might have found out that the surviving spouse of a deceased person has the right to claim a percentage of the estate even if the decedent’s will disinherited them, but no other… Read More »
Ambiguous Marital Status Can Mess With Probate
Compared to a lifetime of loyalty and togetherness, marriage is just a piece of paper. You might not care whether the court thinks the person with whom you share your life and who will take care of you in your old age legally counts as a spouse, but the probate court does. In the… Read More »
Yes, Your Parents Can Disinherit You If You Don’t Pay Them Back
Many probate disputes begin when a family member inherits less, pursuant to a deceased relative’s will, than they expected to inherit. The disinherited relative may allege undue influence, claiming that the main beneficiaries of the will manipulated the decedent into changing their will, either through deception or bullying. Many undue influence cases are years… Read More »
