Challenging a will on the basis of undue influence in Florida
When someone in Florida dies and leaves behind a will, beneficiaries named – or not named – in the document may take issue with it if they believe the person who drafted the will did not do so on his...
View ArticleWhat happens when siblings disagree about the family home?
When a parent leaves an asset that is not physically divisible to multiple heirs, such as the family home, disputes can arise when the heirs do not all agree on what to do with the asset. The Florida...
View ArticleCan an estranged relative contest a will or interfere in probate?
When family relationships sour, estrangement between parties may occur. Bitter feelings and acrimony can increase when a family member dies due to disputes over the estate. Though conscientious...
View ArticleBreaches of fiduciary duty in your loved one’s Florida estate
When a loved one passes away in Florida, the executor or personal representative responsible for administering the estate has a fiduciary duty to act in the best interests of the beneficiaries....
View ArticleSpotting abuse of your loved one’s power of attorney
Sometimes, our situation prevents us from being physically close to our parents. Whether it is because we reside in another state or our jobs are not very flexible, it can be challenging to be hands-on...
View ArticleHow does undue influence invalidate a will?
The court must determine if a will is valid and legitimate before authorizing an estate administrator to execute the will’s instructions. For a will to be valid, the testator must have been of sound...
View ArticleHow can you prove a lack of mental capacity?
Are you surprised by the estate plan that your loved one left behind? Were you left with less of an inheritance than you expected as a result? If so, then you need to take a closer look at the...
View ArticleMust an executor’s fiduciary duty breach be deliberate for legal action?
Executors have a fiduciary duty to act in the best interest of the estate they are managing and its beneficiaries. This duty is based on trust, loyalty and good faith. Unfortunately, some executors...
View ArticleWhat factors can lead to an undue influence presumption?
Executing a will is an essential part of probate, which can also help the court and the surviving family decide what to do about the deceased’s estate. This document should be a source of guidance and...
View ArticleWhy disputes between beneficiaries and administrators occur
Estate administrators hold the responsibility of managing and distributing a decedent’s assets. They have to balance their legal obligations and the decedent’s wishes, which is a crucial part of their...
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