Testamentary capacity is the cognitive and legal ability to enter into binding agreements and draft wills. It requires an understanding of the documents and their implications for the future. Most people acquire testamentary capacity when they become legal adults on...
Close family members frequently inherit the assets that belonged to a recently deceased loved one. Especially when people die in their golden years, they may have taken the time to create an estate plan. Their will may identify each of their beneficiaries and allocate...
Adult children are often the primary beneficiaries of their parents' estates. When a parent dies, their children have the right to inherit as heirs if they do not have a will. Individuals who draft a will can choose their own beneficiaries, and children often receive...
Most estates that pass through probate court only require review and oversight from the courts. However, sometimes people pursue litigation because they have serious concerns. Some probate litigation relates to issues with the documents. Others begin with questions...
Sometimes heirs to an estate take the executor to probate court. Ideally, probate would go as smoothly as possible so the beneficiaries can close out the estate of a deceased relative and process their grief. Unfortunately, sometimes executors engage in misconduct or...
The death of a loved one can be overwhelming but imagine finding out that they have given or transferred a sizable portion of their estate to an unexpected individual or entity. You review their will repeatedly, trying to find errors, only to realize the execution...
When people pass away, their estates often go through a legal process known as probate. This method of distributing assets is common in Florida, with the Office of the State Courts Administrator reporting 8,780 probate filings in fiscal year 2020-2021 alone. Ancillary...
When creating your estate plan, you want to ensure you express your wishes clearly. There should be no doubt about what you intended to do and want to happen after your death. However, even if you state everything clearly and concisely, there is a chance that not...
Whether you recently lost a loved one or are currently creating an estate plan, you may encounter the probate process. According to the American Bar Association, the probate process is designed to help settle an estate after someone passes. The process often includes...
Friends may have told you about the ordeal of going through probate court to secure their inheritance. You know that you do not own a lot in money or property, so there seems to be no reason why your estate should also take a long time to pass through probate....