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Category Archives: Probate

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Who Gets A Copy Of The Decedent’s Will During Probate?

By David Toback |

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 »

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Can You Request A Change Of Personal Representative In A Probate Case?

By David Toback |

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 »

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Getting Financial Compensation For Your Work As Personal Representative Of A Deceased Family Member’s Estate

By David Toback |

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 »

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Ambiguous Marital Status Can Mess With Probate

By David Toback |

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 »

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Yes, Your Parents Can Disinherit You If You Don’t Pay Them Back

By David Toback |

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 »

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What Happens In Probate Court When A Nonresident Of Florida Dies In Florida?

By David Toback |

Florida’s laws are famously welcoming of visitors and newcomers; there is a reason that so many senior citizens visit Florida and, not long after, decide to stay permanently.  Probate court is similarly welcoming of the estates of nonresidents who made a final visit to Florida.  The Florida probate courts will consider a will as… Read More »

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If You Don’t Want Your Spouse To Claim An Elective Share Of Your Estate, Don’t Leave Any Ambiguities In Your Estate Plan

By David Toback |

Although the idea of spouses being financially independent of each other has become more popular in society, the society still treats married people as though they have a legal obligation to support their spouses financially.  The court will award you to pay alimony if your spouse has no other means of financial support, meaning… Read More »

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Don’t Repeat The Old Generation’s Mistakes With Your Digital Estate Plan

By David Toback |

The subgenre of jokes about old people and technology predates the first generation of the iPhone, but a digital estate plan is no laughing matter.  Seeing the incredulity on your grandparents’ faces when you describe to them the difference between Instagram and Tik Tok is certainly fun, and so is going to your mother’s… Read More »

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What Are Lost Heirs, And How Can They Cause Trouble During Probate?

By David Toback |

You should never use your estate plan as a way of getting back at family members who have hurt you, but there is no rule saying that you must leave part of your estate to a family member from whom you have been estranged for years.  Actually, there is a rule, and it is… Read More »

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Places To Look For A Deceased Person’s Will Before Being Sure That The Person Died Intestate

By David Toback |

Grumpy administrative assistants will point to a sign on their desks that says, “lack of planning on your part does not constitute an emergency on my part.”  When a close relative dies unexpectedly, though, their family must scramble to sort out their financial affairs and initiate the probate process.  This is what estate planning… Read More »

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