last will and testament

What Does Incapacitated Mean in a Will?

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 […]

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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

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What Constitutes Undue Pressure or Influence in Florida?

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

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What Are the Inheritance Laws in Florida?

Inheritance laws in Florida are based on whether there was a valid, enforceable last will and testament for the person who passed. If they had executed and signed a will, their remaining assets would typically be distributed according to the wishes outlined in the document. However, if someone passes away without a will, their assets

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What Is Texas Estates Code Chapter 308?

Texas Estates Code Chapter 308 is the portion of Texas law that discusses the notice that the personal representative of a deceased person’s estate must provide to beneficiaries and creditors of the estate.  Texas Estates Code Chapter 308.002 requires personal representatives to provide notice to every beneficiary that is named in the will 60 days

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