Category: Probate and Trust Administration

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...

If a couple is married for the first time with young children and are working on your estate plan, the decisions about where the assets go are usually easy. Most parents in that situation want their entire estate to go to the surviving spouse, and upon the death of the surviving spouse, equally to their...

The world of estate planning can be complex. If you have just started your research or are in the process of setting up your estate plan, you've likely encountered discussions of wills and trusts. While most people have a very basic understanding of a last will and testament, trusts are often foreign concepts....