» Probate

Last Will and Testament and Gavel

Understanding Probate

Probate is, at the basic level, the process of the court overseeing what happens with a person’s assets or belongings after a person dies. Officially, someone gathers the person’s assets and distributes them to the beneficiaries or heirs. That pe… Read More
A will provides instructions about who should receive a person’s money and property after the person’s death and who they would like to care for their dependents.

What Your Will Can and Can Not Do (Hint: It's Not a Magic Wand)

A will is a legally binding directive stating who will receive much of your property upon your death. Having a will allows you to appoint a legal representative or executor to carry out your bequests and name a guardian for your children. If you die… Read More
Avoid probate with estate planning

Successfully Avoiding Probate Court

Many people have been told that it is important for people to “avoid probate.” Just because people may have heard that term, that doesn’t mean they know exactly what probate means, why it can be a problem, or how to successfully avoid it. In th… Read More
Categories: Probate
Probate in brown envelope and judges gavel

The Process of Probate

When someone passes away, there is an often-lengthy legal procedure. This involves a court overseeing the process of authenticating the will, reviewing the deceased’s assets, paying outstanding debts, and distributing the remaining property to the… Read More
sign and drive through teller and atm at a bank

Should You Add Your Child’s Name to Your Bank Account?

Even if you wanted to have another party available to keep track of bills when you’re sick or away, adding a child’s name to a bank account may be more of a hassle than it’s worth. Doing so may have unintended consequences for both you and the… Read More
Contesting a Will. Two people staring at each other across the table from one another

Legal Grounds for Contesting a Will

When a loved one dies with a well thought-out will, we think it should be easy to handle the estate. The will lays out who is to receive the person’s property and which person (called the executor (or the personal representative in Florida)) wi… Read More
Categories: Probate
Probate Law Book

What is the Role of a Probate Attorney?

Whether you are the executor or an heir of the probate estate, knowing the lawyer’s role is one of the first steps you should take at the beginning of the probate process. One of the biggest sources of conflict in probating the estate is understand… Read More
Crumpled paper at work desk

Are Handwritten Wills Valid?

Maybe it was Patti LaBelle who asked, “Hey Joe, you wanna give it a go?”* But it seems it was Aretha Franklin who has left even more compelling questions after her death regarding what will happen to her estate based on three separate handwritten… Read More
Categories: Probate, Wills
Wrongful Death and Your Estate

Wrongful Death and Your Estate

Most people have heard about personal injury lawsuits (and we’ve almost all seen the commercials). Someone brings these lawsuits when he is injured, for example, due to someone else’s negligent or intentional act. The damages are, in essence, int… Read More
Puzzle pieces and question mark

Probate as a Puzzle: Understanding What You've Been Told to Avoid

The probate process in Florida has garnered quite a negative reputation as lengthy, expensive, and sometimes bitter. In some instances, that reputation is deserved. Then again, just one bad experience can sully a lot of people’s opinions, especiall… Read More
Categories: Probate