By Scott E. Rahn and Meagan A. Paisley In 2006, Taylor Swift burst onto the music scene with her breakout country single, Tim McGraw. Nearly 20 years, 10 albums, and 51 million record sales later[1], she has become a household name. Taylor Swift is also no stranger to the legal field. From her sexual assault …
If you have inherited jewelry, there are several options you can consider. Ultimately, the decision of what to do with inherited jewelry depends on your personal preferences and financial needs. For instance, jewelry in good condition can be worn and become part of your wardrobe. Likewise, if the jewelry has sentimental value, you may choose …
Whether you can sell stocks in a trust after death generally depends on the specific terms and conditions of the trust and the laws of the jurisdiction in which the trust was established. If the trust agreement allows for the sale of stocks, the trustee can sell the stocks as directed by the trust agreement. …
If your loved one dies and leaves behind a significant portfolio of stocks, navigating the legal process to liquidate those assets can be complicated and often stressful. And if you are the executor or the trustee in charge of handling the estate’s property, the complexities are even more significant. For this reason, it’s advisable to …
If you have a valid legal claim against a deceased person, you may still be able to receive compensation by filing a lawsuit against the deceased person’s estate. However, you will typically need to direct your efforts at the estate rather than the individual heirs. Under California Probate Code §9050 and §9051, the personal representative …
When a person dies, their estate often must go through probate, which is the legal process of distributing their assets. Multiple parties are typically involved in these proceedings, including: Each party has different rights and responsibilities in an estate, and it is important to understand these roles before moving forward with any legal action. Who …
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. The first question is whether your spouse’s assets …
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 …
Being incapacitated indicates that someone is not able to care for themselves. Florida law does not allow someone incapacitated to create, revoke, or update an existing will, trust, or beneficiary designation. For the incapacitated person’s loved ones and heirs, changes to estate planning once they can no longer care for themselves are emotionally and financially …
The 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. You can appoint a trusted executor to oversee your estate’s closing. Through this person, hopefully, your last wishes are accomplished. However, a will induced or executed by fraud …
Undue influence or pressure is a legal cause of action that can be used to invalidate a will or trust in Florida. You can also challenge beneficiary designations for payable-on-death bank and securities accounts in Florida. If you can win an undue pressure lawsuit, a probate court may be forced to invalidate an entire inheritance …
What Constitutes Undue Pressure or Influence in Florida? Read More »
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 …
How Long Do You Have To Contest Probate in Florida? Read More »