probate lawyer Archives - RMO Lawyers, LLP | Probate, Trust, Estate Litigation Attorneys
Follow Us:

probate lawyer

How Do You Split an Inherited House?

Jointly inheriting real estate can be tricky, particularly when the beneficiaries don’t agree on what to do with the property. 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 can make an already emotional time even …

How Do You Split an Inherited House? Read More »

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 …

Do All Estates Have To Go Through Probate in Florida? Read More »

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 …

What Constitutes Undue Pressure or Influence in Florida? Read More »

How Long Do You Have To Contest Probate in Florida?

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 »

What Are the Inheritance Laws in Florida?

In Florida, inheritance laws 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 …

What Are the Inheritance Laws in Florida? Read More »

How Do You Prove Tortious Interference?

Tortious interference is when a third party to a contract intentionally acts to harm the financial potential of the relationship. While it is usually associated with business contracts, wills and trusts can be subject to tortious interference in Florida. An inheritance can be a significant financial event in your life. If someone improperly interfered to …

How Do You Prove Tortious Interference? Read More »

Is Breach of Fiduciary Duty a Crime in Florida?

A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person.  A fiduciary relationship exists whenever one person places confidence and trust in and is at some level …

Is Breach of Fiduciary Duty a Crime in Florida? Read More »

What Does an Inheritance Lawyer Do?

An inheritance lawyer, also known as a probate or estate lawyer, is a state-licensed attorney who helps personal representatives and heirs of estates handle the estate of a deceased person. An inheritance lawyer can be involved in various capacities based on the specific details of an estate.  A probate lawyer’s role in settling an estate …

What Does an Inheritance Lawyer Do? Read More »

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.  Section 308.002 requires personal representatives to provide notice to every beneficiary that is named in the will 60 days after the date …

What Is Texas Estates Code Chapter 308? Read More »