How Do You Split an Inherited House?
Jointly inheriting real estate can be tricky, particularly when the beneficiaries don’t agree on what to do with the property and want to split an inherited house. This situation often occurs when multiple siblings inherit their parent’s home as co-owners. When siblings disagree over whether to keep the property or sell it, increased family tensions […]
What Does Incapacitated Mean in a Will?
Executive Summary Introduction Being incapacitated indicates that someone is not able to care for themselves or understand the consequences of their own actions and decisions. Because of the limitations that an incapacitated person has, most state laws do not allow someone incapacitated to create, revoke, or update an existing will, trust, or beneficiary designation. For […]
Do All Estates Have To Go Through Probate in Florida?
In Florida, most estates will go through some sort of probate process. However, not every estate will need to go through probate. For instance, if a person passes away without a will and all of their assets have beneficiaries or joint owners with rights of survivorship, probate is likely not required. But since most people […]
What Is Considered Fraud In a Will?
Executive summary Introduction A trust instrument or last will and testament is often the most vital estate planning document. When you pass, your will guides the disposition of your property, assets, and wealth by allowing you to appoint a trusted executor to oversee your estate’s closing. Through this person, hopefully, your last wishes are accomplished. […]
What Constitutes Undue Pressure or Influence?
Executive summary Introduction In many ways, some influence is a natural part of the estate planning process. For example, if a son is super excited about his dad’s treasured car, he may consistently urge his dad to leave the car to him one day. This kind of influence is somewhat a given and is harmless […]
How Long Do You Have To Contest Probate in Florida?
If a person passes away without a will, their assets are distributed by probate court according to Florida’s intestate succession laws. However, having a will does not mean you avoid probate court. Florida probate court governs the disposition of all descendants’ (the person who passed away) estates. Many assets will pass directly to designated beneficiaries […]