Category Archives: Probate and Trust Litigation
How Creditor Claims Can Lead To Years Of Probate Litigation
Although the phrase “probate litigation” is most commonly associated with legal proceedings where someone contests a will or there is a fight among the potential beneficiaries of an estate, another common source of such legal disputes is creditor claims. After all, when a person dies, they often owe other people money. If the probate… Read More »
Can A Deceased Beneficiary Still Inherit Under A Will?
A common question that comes up in probate administration is, “What happens to the share of a beneficiary who dies before the estate is administered?” To give a hypothetical example, say George died on February 1. His will left half of his estate to one of his children, Sarah, but she died in an… Read More »
How Long Does The Probate Process Take In Florida?
Probate is known to be time-consuming, but how long does the process actually take? Is the length of the probate process measured in weeks, months, or years? It is advisable to consult with a St. Petersburg probate litigation lawyer to review your situation and determine how long the probate process will take in your… Read More »
What Is A Petition For Discharge In Probate?
Filing a Petition for Discharge is one of the last obligations of an estate’s personal representative in Florida probate. The petition is also one of the last documents beneficiaries of an estate will receive before the estate is closed. A Petition for Discharge informs the probate court and the beneficiaries of the assets subject… 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 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 »
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 »
What Do You Need to Bring to Your First Meeting with a Florida Probate Attorney?
When you have a scheduled consultation with a probate attorney, it is important to prepare for your first meeting. Depending on your relationship with the decedent, this may be an emotional experience and can sometimes be overwhelming, especially while coping with the pain of loss. Retaining a probate lawyer is an important step after… Read More »
5 Reasons Why You Need a Probate Lawyer in Florida
Probate is the court-supervised process by which a decedent’s estate is administered to transfer title to property. Many families are often overwhelmed by the tasks that need to be completed after someone dies. However, some take the risk of doing everything themselves, which can often lead to more issues down the road. For this… Read More »
How an Attorney can Help with the Probate Process
When a family member passes away, it can be a logistical nightmare on top of being an emotional roller coaster. The last thing you want to worry about in addition to the grief is navigating the probate process. Dealing with the court system and lengthy legal procedures is confusing and often overwhelming. This is… Read More »