Will Contests and How to Avoid Them

When country singer Glen Campbell died in 2017, he probably did not foresee the manner in which his family subsequently chose to handle his estate. He did leave a Will. However, three of his eight children were specifically excluded from the Will, which led them to contest the Will’s validity. Now, Mr. Campbell’s estate is being held up in probate court until the matter is decided. Whether a family is famous or not, Read More

Digital Currencies as Probate Assets

The personal representative of an estate has an important job. One of the most important parts of that job is locating and gathering probate assets. Finding a decedent’s car and house may not be hard, but what about items that are stored somewhere, such as personal property, cash or bitcoins? The job may be harder when treating digital currencies as probate assets. Planning ahead can make the job easier. What are Read More

What Should I Do with a Notice of Probate?

Receiving a court notice in the mail can be a little unnerving. Many people have had little to no experience with legal proceedings. For example, Danielle received a notice of probate by certified mail, return receipt requested. She was not sure what action she was supposed to take, if any. What she does now may be determined by several factors. Probate Procedures After a personal representative is appointed by the Read More

Probate vs. Non-Probate Assets

Everything you own at the time of your death will be transferred to your heirs. However, not all your property will pass through probate. For example, when Chase B. died, he left behind property that included two homes, three cars, several retirement accounts, a thriving business, and a saltwater fishing boat. The personal representative of his estate started gathering Chase’s property, only to learn that some assets Read More

Understanding Florida Simultaneous Death Law

During an accident or natural disaster, it may be difficult or impossible to determine which victim lived longer than the other. This type of situation can cause serious consequences for beneficiaries and contingent beneficiaries. Understanding the Florida Simultaneous Death Law may also make a difference in the estate planning choices you make. Simultaneous Death Law: What It Says Florida Statutes 732.601 Read More

The Team Approach to Probate

When Kevin passed away, he left an estate worth $3 million, property he owned separately, property owned jointly with his second wife, and both minor and adult children. He had not consulted with an estate planning attorney for many years, so his estate plan was not as current or up-to-date as it should have been. As his family and business associates squabbled over his estate, it became clear they needed to take a Read More

The Out-of-State Personal Representative

Probate can become complicated, especially when an out-of-state personal representative is involved. What is a personal representative? The person who takes on the responsibility of shepherding an estate through probate is a personal representative. This person is also sometimes referred to as the executor. Someone who wants to serve as a personal representative must: Be at least 18 years of age, Never Read More

6 Steps to Take When Executing an Estate

The person who executes or administers (the preferred term) an estate during probate is usually called the personal representative. The jobs of getting an estate through probate may seem simple. However, estates vary greatly in value and complexity. Generally, though, there are at least 6 steps to take when administering an estate. #1 Obtain Multiple Copies of the Death Certificate The personal representative may Read More

What Is Probate?

Some of us have been involved in probate at some point in our lives. If probate is so common, why do we struggle to answer the question, “What is probate?” Read on to learn more about this common court proceeding. What Is Probate? It’s a Court Proceeding But there are many court proceedings: civil lawsuits, guardianships, criminal cases, and divorces just to name a few. What makes probate different? Probate is the Read More

Hiring a Probate Lawyer in Stuart

Lawyer advertisements are everywhere, from the local newspaper to billboards out on I-95 to the Internet. The sheer number of attorneys seeking to represent you can be overwhelming, especially when dealing with a probate matter. How will you choose the attorney who is the best fit for you? There are some compelling reasons why you should learn more about hiring a probate lawyer in Stuart. You Live in or Near Martin Read More