The Interplay of Partition Actions and Probate Estates.
When someone dies quite often the most important asset passed on to his or her heirs is the family home. But when an inheritance consists of something like the family…
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Good Things Come in Threes: The 3 Main Roles in a Trust.
A revocable living trust (aka a “living trust,” referred to here simply as a “trust”) is a wonderful estate planning tool. But understanding who the parties in a trust are…
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Why A Power of Attorney Isn’t So Powerful When It Comes to Trusts.
When your life has reached the stage where you may need to help a loved one or aging parent handle their finances or make medical decisions for them, a great…
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2 Ways You Can Lose Tenancy by The Entirety Property Protection.
Not all states allow married couples to hold property under the designation of tenancy by the entirety (“TBE property”). But in those states, like Florida, that do, owning real or…
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If You Die Without a Will, who is in Charge of Your Estate?
At the end of a long day where it seems that life is a mess and you’re the one who has to do everything for everybody, did you ever wonder…
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What Can You Do in Your Will?
Maybe you’re wondering why having a Last Will and Testament (“Will”) is so important. Perhaps you think that it’s not really such a big deal. After all, what exactly can…
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Walking a Fine Line: The Difference Between Being a Dutiful Child and Undue Influence.
In Florida, a Last Will and Testament (“Will”) is void, either in whole or in part, if it has been procured by fraud, duress, or undue influence. When a Will…
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Can a Disparity in Mental Acuity between Decedent and a Beneficiary be Evidence of Undue Influence?
Undue influence is a troubling and often complex concept. Not everyone, or every state for that matter, agrees on what constitutes undue influence or how to prove it. One major…
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Due Diligence and Reasonably Ascertainable Creditors in Florida Probates.
The personal representative appointed to administer a decedent’s estate has a lot of important duties to perform. One of these is making a diligent search for all creditors of a…
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3 Common Disputes That Arise Between Beneficiaries and Personal Representatives in Probate Proceedings
It may not surprise you to learn that not all probate proceedings go smoothly. Like other areas of law, trusts and estates has its share of complications and disputes. During…
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