Author Archives: Jay Butchko
Can I Challenge A Will Before The Testator Dies?
Beneficiaries and other interested persons can challenge a Will if they have valid grounds for a Will contest. In Florida, there are several legal grounds for challenging a Testator’s Will. But can you challenge a Will before the Testator’s death? Legal Standing to Challenge a Will Not all persons are permitted to challenge a… Read More »
5 Problems That May Arise During Probate In Florida
Probate administrations are often new experiences for many heirs/beneficiaries or personal representatives handling the estate. It can seem like an intimidating process if you’ve never been involved with one before. Although it can seem like a straightforward process, it is not uncommon for problems to arise when handling probate matters. It’s important to know… Read More »
What Is The Time Limit For Creditors To File A Claim Against A Deceased Person’s Estate?
When you open a formal probate administration in Florida, it is best practice to wait distributing the decedent’s assets until after all of the debts have been determined. For this reason, creditors have a specific time limit to file claims within a decedent’s estate. Failure to make a claim within the applicable time limit… Read More »
Can You Reopen An Estate If New Assets Are Discovered After It’s Closed?
It is not uncommon for additional assets to be discovered after an estate is closed. But can you reopen an estate that was closed if new assets are discovered after the closing? In Florida, courts may consider to re-open an asset for any assets that were hidden or not otherwise uncovered during the original… Read More »
What Fees And Expenses Can You Expect During The Probate Process In Florida?
Generally, the cost of probate depends on a variety of factors, including the number and value of assets. Many people do not understand what fees and expenses they can expect during the probate process. It’s important to understand the types of expenses than can be incurred during an administration so your Personal Representative can… Read More »
Should You Transfer Your Homestead Into A Living Trust?
Many Floridians choose to set up a Living Trust as part of their estate plans. There are numerous benefits of having a Living Trust. One of the many benefits is that it helps avoid the lengthy and costly probate process. A Living Trust can be executed when the Grantor (the person who creates the… Read More »
What Is A Mutual Will Agreement In Florida?
As estate planning lawyers, we often get asked about Joint Wills and Mutual Will Agreements. If you are a married person who wants to set up an estate plan, you may have thought about creating a Mutual Will. It is not uncommon for spouses to want to combine their Wills by using a Joint… Read More »
How Do Florida Courts Determine Mental Incapacity?
The terms “capacity” and “incapacity” are often used in estate planning documents and laws, but many people do not understand the legal significance of these two words. Depending the context, these terms can have vastly different meanings. What is Testamentary Capacity? One of the requirements to execute a valid Will is to be over… Read More »
Should I Create A Will Or A Revocable Living Trust?
Clients often ask our attorneys, “Is it better to have a Will or a Revocable Living Trust?” It is important to understand that each person/family is different, and what is best for your neighbor may not be best for you. When deciding which estate planning tool is best for you, it is important to… Read More »
What Happens To Mortgage And Debts When You Die?
Mortgage debt accounts for the vast majority of U.S. consumer debt. Not all mortgagors (people who borrow money from a lender to purchase real estate) pay off their mortgage before their death. When a person dies before their mortgage is paid off, the next in line heirs or beneficiaries must find a way to… Read More »