How Do I Recover My Stolen Inheritance?

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If you believe your inheritance has been stolen, the first step is to contact an experienced probate litigation attorney. They can help you understand your legal options and what type of proof you will need to recover your stolen inheritance successfully.  The steps you will need to take to address the theft depend on how […]

Does a Surviving Spouse Need Probate?

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Executive Summary Introduction If your spouse has recently passed away, you may be wondering if you need to go through probate in order to inherit your deceased spouse’s property. The answer to this question depends on how your spouse’s property was titled and the value of your spouse’s solely-owned assets. For example, if you and […]

What Are Examples of Executor Misconduct?

reviewing trust distribution documents

An executor is a person who is appointed to carry out the instructions of a will after the death of the person who made it.  The executor has a fiduciary duty to the beneficiaries of the estate, which means that they have to act in good faith and in the best interests of those beneficiaries. […]

How Do You Split an Inherited House?

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?

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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?

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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 […]