Recent Blog Posts
Why Would a Will Be Invalid?
Foundational to any estate plan, a will allows individuals to clearly state how they want their assets distributed after death. But what happens when a will is challenged, or worse, declared invalid? In Florida, several factors can lead to a will being deemed legally unenforceable. Talk to a Palm Harbor estate planning lawyer to… Read More »
Duties of Personal Representatives (and Red Flags to Watch For)
Should someone pass away in Florida and leave behind a will, the person responsible for managing their estate is called a personal representative. These individuals are also commonly referred to as executors. They play a vital role in the probate process and have a legal duty to act in the best interests of the… Read More »
Is There Compensation for Executors in Florida?
Serving as the executor, which is a role often referred to as a personal representative in the state of Florida, is a major responsibility. You may need to gather and safeguard assets, pay debts and taxes, handle paperwork, and distribute property according to estate documents or state law. It’s time-consuming work, and it can… Read More »
Evidence of Embezzlement in Estate Fraud Cases
Estates should be managed with honesty and transparency. Unfortunately, in some cases, individuals entrusted with handling estate funds or property engage in embezzlement. Talk to a Palm Harbor estate planning lawyer if you believe this form of financial fraud is depriving you or other rightful heirs of their inheritance. What Is Embezzlement? Embezzlement occurs… Read More »
Financial Abuse and Ways to Shield Beneficiaries
A beneficiary is a person or entity who is legally entitled to receive money, property, or other assets from a will, trust, or insurance policy. When someone learns they are a beneficiary of a loved one’s estate, it can bring a sense of comfort and security. That said, in some situations, being a beneficiary… Read More »
Trustee Duties and Indicators of Self-Dealing
When creating an estate plan, many Floridians place their trust in individuals to manage assets responsibly. One key figure in this process is a trustee. A trustee is the person or institution appointed to manage the assets in a trust for the benefit of the beneficiaries. Under Florida law, trustees have a fiduciary duty,… Read More »
What If There Are Multiple Wills?
Discovering multiple wills after a loved one’s passing can be confusing and emotionally stressful. Family members may wonder which will is valid, whether someone tampered with the documents, or if the latest version truly reflects the deceased’s intentions. In Florida, multiple wills are not unheard of, especially if the deceased updated their estate plan… Read More »
What Is Testamentary Capacity?
A legal term, testamentary capacity refers to a person’s mental ability to create or amend a valid will. In Florida, having testamentary capacity means that at the time the will is executed, the individual understands the extent of their property and the effect of signing the will. It’s a crucial requirement because it helps… Read More »
Why Clarity Matters in a Trust and Estate Plan
Clarity is everything when it comes to trust and estate planning. The language used in these documents must be specific, consistent, and legally sound. Because of this, ambiguity in documentation can lead to confusion, conflict, and costly legal battles among heirs. Whether you’re creating your own plan or dealing with a loved one’s unclear… Read More »
5 Situations That Could Lead to Someone Pursuing Guardianship in Florida
Guardianship is a legal tool used when an individual is unable to manage their personal, medical, or financial affairs. While it can provide critical protection, it also removes certain rights from the person under guardianship. That’s why guardianship is often seen as a last resort. But of course, there are many situations where guardianship… Read More »