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Category Archives: Estate Trust Litigation

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How Differences In State Law Can Affect A “No Contest” Clause In A Will Or Trust

By Legacy Protection, LLP |

In an effort to minimize any potential litigation after they die, many people place what is known as an in terrorem or “no contest” clause in their will or trust. A no-contest clause typically disinherits a beneficiary if they take any legal action to dispute the validity of the underlying will or trust. In… Read More »

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How Does Bankruptcy Affect A Florida Probate Estate?

By Legacy Protection, LLP |

During the administration of a Florida probate estate, the personal representative (executor) is responsible for gathering the estate’s assets and paying any creditors to whom the decedent owed money. These debts and other estate administration expenses must be satisfied before any distribution is made to the estate’s beneficiaries. If there are insufficient assets to… Read More »

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What Is A Notice Of Trust In Florida Probate?

By Legacy Protection, LLP |

If you are a Trustee dealing with the probate process after the Trustor’s death, you have probably heard the term “a notice of Trust.” You need to understand what a notice of Trust is and how to file the notice properly during the probate process in Florida. A notice of Trust is a critical… Read More »

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What to Watch for When You Suspect a Florida Trustee of Breaching Their Fiduciary Duty

By Legacy Protection, LLP |

Trustees are the ones who manage the assets of a trust on behalf of the beneficiaries. They are to manage the assets in whatever manner the trust terms dictate. This is known as their fiduciary duty. When a trustee fails in this duty, it’s considered a breach of fiduciary duty and the beneficiaries may… Read More »

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What Does Undue Influence Mean in Florida Estate Planning?

By Legacy Protection, LLP |

Many people have heard the term undue influence, but what exactly does it mean? The legal concept of undue influence in Florida law is an important one. When someone exercises undue influence over a victim’s person’s assets, will, or money, a Florida court can invalidate the victim’s estate planning documents. A typical example of… Read More »

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