Category Archives: Estate Planning
Are There Timelines for Contesting an Estate Document?
Many families navigating estate issues are surprised to learn that Florida law imposes strict deadlines for taking legal action. Waiting too long to raise questions about an estate document can significantly limit (or completely eliminate) the ability to challenge it later. Whether someone believes a will was signed under undue influence or has concerns… Read More »
Subtle Forms of Undue Influence and What Family Members Can Do
Dramatic situations involving threats and yelling may come to mind when people think of someone exerting pressure to change estate documents. While those situations can happen, undue influence is often far more subtle. Family members are sometimes left with concerns after unexpected changes to an estate plan are revealed. Connect with a Palm Harbor… Read More »
DIY Estate Documents and Ambiguous Language
Online templates and downloadable legal forms have made do-it-yourself planning more popular than ever. At first glance, creating your own will or trust may seem simple, affordable, and convenient. But many Florida families discover too late that generic documents can leave behind confusion, legal disputes, and costly mistakes. Estate planning is not just about… Read More »
When Is a Curator Appointed?
Estate administration can involve a variety of legal responsibilities, and sometimes unexpected complications arise during the probate process. One issue families may encounter is the appointment of a curator. While many people are unfamiliar with these professionals, a curator can play an important role in protecting an estate when there is uncertainty about who… Read More »
Why Sibling Rivalry Often Resurfaces During Estate Administration
Unfortunately, grief can bring long-standing family tensions to the surface. For example, sibling disagreements are among the most common causes of estate disputes. Even close brothers and sisters can find themselves at odds during the administration of an estate. While many people assume estate disputes are driven solely by money, the reality is often… Read More »
Identifying a Trustee Breach and Steps to Take
Trusts are a common tool in Florida estate planning because they allow individuals to manage and distribute assets according to specific instructions. When a trust is created, the person responsible for carrying out those instructions is known as the trustee. While most trustees fulfill their duties responsibly, disputes arise when beneficiaries believe the trustee… Read More »
Summary and Formal Administration Similarities (and How They’re Different)
Two primary probate processes, Summary Administration and Formal Administration, are available when a loved one passes away. While both serve the same fundamental purpose, transferring a decedent’s assets and resolving outstanding obligations, they differ significantly in procedure, timing, cost, and complexity. Ultimately, choosing depends on the size of the estate, the presence of creditors,… Read More »
Undue Influence Is Not Always Obvious
When one person exerts such control over another that it overcomes that individual’s free will, it may be undue influence. In the context of wills and trusts, this means the document reflects the wishes of the influencer rather than the person creating it. Importantly, Florida courts do not require direct evidence of coercion. Because… Read More »
Mediation When Family Emotions Run High
Estate planning and estate administration involves deeply personal decisions, family history, and financial interests. When disagreements arise among family members, emotions can quickly escalate, making it difficult to find a path forward. In Florida, mediation is often used as a practical and constructive tool to help families resolve disputes while avoiding prolonged courtroom battles…. Read More »
When a Guardian No Longer Feels Like the Right Fit
Choosing a guardian is an important decision. Whether the guardian is appointed for a minor child or an incapacitated adult, the expectation is that this individual will act in the best interests of the person in their care. At the time of selection, the choice often feels clear and appropriate, but circumstances can change…. Read More »