Probate Litigation Archives - RMO Lawyers, LLP | Probate, Trust, Estate Litigation Attorneys
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Probate Litigation

How Do You Terminate a Trustee?

Creating a revocable living trust is an important step in comprehensive estate planning. Typically, you will act as the trustee and ensure your assets are handled competently while still alive. Then, when you pass away, your designated successor trustee will manage and distribute the trust’s property. When you appoint your successor trustee, you should choose …

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What Is the Difference Between a Probate Lawyer, an Estate Lawyer and a Probate Litigation Lawyer?

There are three primary types of lawyers who work with estate law: probate lawyers, estate lawyers, and probate litigation lawyers. While they both work in the same area of law, probate lawyers handle the probate process after an individual passes away, while estate lawyers help living clients set up wills, trusts, or other estate planning …

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Can You Contest a Will if Someone Has Dementia?

A person can contest a will if they believe the person who executed it was suffering from dementia at the time. However, whether the testator’s dementia is sufficient to invalidate the will depends on many factors, such as the nature and severity of their dementia symptoms.  Is a will legal if the person has dementia? …

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The Guide to Ancillary Probate Administration

Under Florida law, when someone who owns assets in Florida passes away while residing in another state or country, the Florida property cannot be distributed through an out-of-state probate proceeding. Instead, a process called ancillary probate administration is required to pass ownership of the Florida assets to the deceased’s heirs or beneficiaries.  What is Probate …

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What Is a Probate Adversary Proceeding?

Under the Florida Probate Rules, some disputes that arise during the administration of an estate are considered adversary proceedings. Probate adversary proceedings differ from a standard formal probate administration. They concern conflicts or contested matters that are related to the formal administration of the estate, but are technically outside of the scope of the administration …

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