When a married person passes away, their surviving spouse has certain rights regarding the deceased spouse’s estate. Under Florida’s waiver of spousal rights statute, surviving spouses may waive some or all of these rights. What is Florida Probate Code Section 732.702? Section 732.702 is Florida’s waiver of spousal rights statute, and it details the requirements …
An action to return assets is a legal process that can be used to obtain a court order to return money or property that was wrongfully taken from a trust. In cases of theft or other situations where trust property is inappropriately obtained by the trustee or another individual, an action to return assets empowers …
In some circumstances, Marvin claims can allow cohabitating unwed partners to enforce property-sharing or support agreements when they break up. While unmarried partners do not have automatic rights like married couples do in a divorce, Marvin claims can enable former domestic partners to pursue civil causes of action against each other. What is a Marvin …
Executor fraud occurs when the executor of a will uses deceit to misappropriate estate assets for themselves or someone else who is not entitled to receive them. Claims of executor fraud can have serious consequences, including personal liability for the executor. What is executor fraud? Fraud occurs when the perpetrator unlawfully obtains money, assets, or …
A conflict of interest for a trustee occurs when the trustee’s personal interests potentially conflict with their responsibilities to the trust beneficiaries. What qualifies as a conflict of interest for a trustee? Trustees owe what is called a “fiduciary duty” to the trust and its beneficiaries. This means that the trustee must manage the trust …
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When you contest a will, you challenge the legitimacy of the will in probate court. If a will contest is successful, the court will throw out the invalid will, and the deceased’s property will be distributed either per the terms of an older will or local state probate law. Importantly, you are unlikely to successfully …
LOS ANGELES–(BUSINESS WIRE)–Building upon its successful history of hiring top talent, trust, estate and probate litigation firm RMO LLP announced today that it has added litigators Mathew M. Wrenshall and Lana Halavi to its Los Angeles office. “In order to meet the growing demands of our clients, we are excited to continue to expand the firm and its services with the …
Contesting a will means to legally challenge the legitimacy of a will in probate court. How to win a will contest in Los Angeles is another matter. We understand that when a family member or loved one passes away, the pain of that loss can be magnified if uncertainty exists as to how they truly …
Settling an estate without a will is very common. As an estate increases in value and complexity, the process tends to take longer. Here’s a guide for families and executors/administrators. What does it mean to “settle an estate”? When a person passes away, their assets must be distributed to their family, heirs, or …
One of the most popular things clients look for in a probate attorney is location, preferably a “probate lawyer near me”. Well, here are six reasons I’d want a probate lawyer near me, plus one big reason I’d choose a probate attorney even hundreds of miles away from me. 6 Reasons to choose a local …
Probate lawyer and attorney costs are standardized in California and most other states. Plus, other fees and compensation also are predetermined. To help clarify, let’s discuss the four basic groups of probate lawyer costs and other fees: Ordinary Probate Lawyer Costs Ordinary probate attorney costs are predetermined by statute and based upon the value of …
When a person passes away, their assets must be disbursed in a manner consistent with state laws and following the directions they put forth when they were alive, as stated in their will. A probate lawyer guides the executor of will or beneficiaries of an estate through the probate process: From identifying estate assets and …