If you have recently lost a loved one in Florida, you will need to learn some basic information about the probate process. Probate is used to resolve a person’s final affairs. This typically involves paying eligible creditors, paying certain expenses, and then distributing the estate’s remaining assets to the person’s heirs or devisees. If your loved one named a guardian for his or her minor children, […]
Under Florida law, the “terms of a trust” determine how assets placed into a trust are to be managed and distributed at the time of the settlor’s death. Section 736.0103(21) of the Florida Trust Code defines the “terms of a trust” as:
“he manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence […]
In 2018, Florida once again retained the title as the state with the highest number of incoming state-to-state migrants, as well as the largest recipient of retirees. A significant portion of those relocating individuals will be married couples who are coming to Florida en route from a community property state or may have resided in a community property state at some point while they were […]
In the context of a Florida probate dispute, asserting “undue influence” is a way of attempting to invalidate a last will and testament. It is normally claimed by someone who is not a beneficiary of a will but believes they should be, or by a beneficiary who believes he is entitled to more than what the will provides – in other words, by someone who […]
Mediation is a dispute resolution process in which a neutral third party, known as the mediator, attempts to help you resolve your probate dispute through voluntary negotiations. Although a mediator cannot order you to resolve your dispute, a court can order you to at least participate in mediation. In a probate dispute, it is a pretty good bet that the court will order mediation.
If you do […]