Category Archives: Estate Trust Litigation
When Do You Need an Estate Litigation Lawyer in Florida?
Arising during times of grief, estate matters can be deeply personal. And when disputes over wills, trusts, or inheritances occur, they can cause lasting damage to family relationships. This is where an estate litigation lawyer becomes essential. In Florida, understanding when to seek legal representation from a Pompano Beach estate litigation lawyer can protect… Read More »
Trustee Trouble and What to Do Next
Managing assets for the benefit of named beneficiaries, trustees are given significant authority. This authority comes with a strict legal obligation, known as a fiduciary duty, to act in the best interests of the beneficiaries. Unfortunately, trustees do not always live up to these responsibilities. When mismanagement, neglect, or outright misconduct occurs, beneficiaries may… Read More »
Timeline for Filing Required Reports
Handling an estate involves not just honoring their wishes but also following Florida’s strict probate laws. Among the most important responsibilities for personal representatives is filing required Accountings and Inventories with the Court. These ensure transparency, protect beneficiaries, and provide a clear accounting of how the estate is being managed. Failing to file them… Read More »
Can You Challenge a Will in Florida?
The passing of a loved one is an emotional time, and disputes over their will can add stress to an already difficult situation. In Florida, you can challenge a will, but only under certain circumstances and within specific timeframes. Talk to a Pompano Beach estate litigation lawyer about who has the right to contest… Read More »
Undue Influence and What Constitutes an Abrupt Change
Family members expect a loved one’s Will to reflect their true intentions when they pass away. But in some cases, heirs are shocked to discover abrupt or unexpected changes to the estate plan. These sudden alterations can raise serious questions about whether the will was made freely or whether someone else exerted undue influence… Read More »
Florida’s Elective Share Laws and Protecting Disinherited Spouses
When a surviving spouse discovers they have been disinherited or left only a small portion of their partner’s estate, fights may erupt. But it’s important to know that while it can be devastating to discover that you have not been provided for in a Will or Trust, Florida law recognizes the special status of… Read More »
Can a Will Be Contested If Someone Had Dementia?
Questions sometimes arise about whether a Will left behind truly reflects a person’s wishes. This is especially common when the person had dementia when the Will was created. The validity of a Will rests on whether the individual had what the law calls testamentary capacity at the time the will was signed. Because these… Read More »
Criminal Penalties for Fraud in Florida
Unfortunately, not everyone acts honestly when someone is alive or after they pass away. Fraud happens when someone intentionally misrepresents, hides, or steals assets to gain more than their fair share. These cases are not only grounds for civil litigation, they can also lead to serious criminal penalties under Florida law. If you suspect… Read More »
When Caregivers Become Beneficiaries
Caring for an aging or ill loved one can be a deeply meaningful experience. But what happens when a caregiver, whether that is a nurse, family member, or close friend, suddenly appears in that person’s Will as a major beneficiary? In Florida, such situations raise legal red flags, especially when the vulnerable individual was… Read More »
What Is an Extrinsic Evidence Review in Estate Cases?
Estate disputes often arise when the language in a Will or Trust is unclear, contradictory, or seems to conflict with the deceased’s known wishes. When this happens, Florida courts may allow the use of extrinsic evidence. This is outside information not contained in the actual document that is used to better understand the decedent’s… Read More »