Author Archives: Jay Butchko
Three Common Signs Of Estate Mismanagement
Florida law requires all estates to be handled by a personal representative, known as the administrator or the executor of an estate. The personal representative has many duties and they hold a fiduciary position. This means they have a legal obligation to act in the best interests of the beneficiaries of the estate. Many… Read More »
Two Ways To Disprove Undue Influence
Wills and trusts are important form the basis of numerous estate plans. While they are important legal documents, they can also be challenged in probate court. If certain people can successfully challenge a will or trust, they may be able to receive part of the estate even if they are not named as beneficiaries…. Read More »
Are Holographic Wills Valid In Florida?
Most of the time, people will seek out the help of an attorney when they are drafting their last will and testament. However, there are times when a person simply writes out their last wishes and calls the document their will. Handwritten wills are known as holographic wills, and they are not legal in… Read More »
Understanding The Differences Between Wills And Trusts
Many people who are considering creating an estate plan have heard the terms “will” and “trust” before. Still, not everyone understands the differences between these two important components of an estate plan. While there are similarities between these two important legal documents, there are also important differences. Below, our St. Petersburg wills lawyer explains… Read More »
Steps To Take After Being Appointed Executor
Being appointed the executor of another person’s estate is a big responsibility. An executor is the person appointed by a decedent in their last will and testament. The role of the executor is to oversee the estate as it moves through the probate process. The purpose of probate is to identify the decedent’s assets,… Read More »
How To Object To Probate
The last thing you want to deal with while grieving the loss of a loved one or close friend is the court system. Unfortunately, after someone passes away, state law requires their estate to go through probate. During probate, the deceased’s assets are distributed to parties that have a legal right to them. Probate… Read More »
Common Mistakes Made In DIY Wills
Most people in Florida should have a will. People sometimes want to save on legal fees when drafting their will and so, they find a way to do it themselves. A quick search online will provide you with many different forms available that seem fairly straightforward and easy to fill out. However, there are… Read More »
When To Review Your Estate Plan
After creating an estate plan, you may be tempted to leave the paperwork in a drawer or safe and not think of it again. The important documentation becomes easy to forget about. However, good estate planning requires regular review and revision so you can ensure it reflects your current needs and wishes. So, how… Read More »
How To Find A Loved One’s Will
Not everyone is prepared for the death of a loved one. Sometimes, a death happens suddenly and unexpectedly, leaving families no time to talk about what should happen afterwards. In some cases, family members know that their loved one had a will, but they do not know where it is located. Locating the will… Read More »
What Are My Children’s Inheritance Rights If I Die Without A Will?
Adult children have no right to be named as a beneficiary of their parent’s will or trust under Florida law. In other words, if you do have adult children, you do not have to leave them anything in your estate plan. You could also choose to favor one child over another. In the event… Read More »