Category: Probate and Trust Administration

There is a reason so many seek to avoid or limit probate proceedings when they are estate planning. For starters, probate can be expensive. Also, probate can drag on for quite some time. There are a number of different factors that can contribute to significant delays in probate proceedings. Depending on how many...

There are many reasons why the validity of a will may be challenged. In most cases, however, a family member may feel that he or she has been wrongfully cut out of a will or that the contents of the will do not appear to accurately reflect what they thought would be in there....

What does it mean to fund your trust?Revocable living trusts have become a preferred estate planning tool for Americans across the country. Trusts offer many advantages over wills, allowing the trust creator’s assets to pass to their named beneficiaries without the need for probate. Trusts can save your loved ones in tax implications, time,...

What factors should I look for when naming a trustee?

Selecting a trustee for your trust is one of the most important decisions you will make when you embark on your estate planning journey. Your named trustee will be responsible for transferring assets within the trust to the beneficiaries...

How can I reduce the expense of probate?

If you pass away in the state of Florida, your assets will likely need to go through probate.  Probate is the court-administered process through which the validity of a will is established, assets are located, expenses settled, and the remaining proceeds...

How can I avoid probate in Florida?Wills and trusts both allow you to name beneficiaries who will receive your assets in the event of your death.  While wills and trusts share some of the same functions, there are several advantages of a trust as opposed to a will.  If you are setting out creating...

Intestate means having died without a will. If there is no will, each state has laws that specify who will inherit the property of the deceased (referred to as the "decedent" in probate proceedings), which are usually based on the closeness of familial relationships. In complex situations, intestacy can lead to unwieldy results, and...

How can I prepare for being the personal representative of an estate?

While being named as the personal representative (another way of saying executor or administrator) of a friend or loved one's estate may be an honor, it is also a serious responsibility. In fact, managing deceased person's assets can be complicated...

How can I prevent my will from being contested?

Will challenges and probate litigation are much more common than many people realize, and they often drag on for months and years and can deplete the estate. While entire treatises have been written about this topic, there are just a few basic reasons a...

What is the Florida Fiduciary Access to Digital Assets Act, and why is it important?

On July 1, 2016, the Florida Fiduciary Access to Digital Assets Act took effect. "Digital assets" include electronic records like emails, texts, online photographs, and social media accounts. Before the passage of the Digital Assets Act, Florida, like...