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Category Archives: Probate and Trust Litigation

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How Can Someone “Disclaim” Their Inheritance From An Estate?

By Legacy Protection, LLP |

Although you typically hear stories in the news about people fighting over an inheritance from a deceased relative, what about the reverse? That is, what if someone is entitled to an inheritance but does not want it? Can they legally refuse? The simple answer is “yes.” Nobody can be forced to accept a bequest… Read More »

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MoneyDenied

How Florida’s “Slayer Statute” Prevents Killers From Inheriting From Their Victim’s Estates

By Legacy Protection, LLP |

There’s a popular trope in crime fiction about a person killing their spouse “to collect the insurance money.” In reality, a person cannot inherit anything from a person that they murdered or otherwise killed in an unlawful manner. Most states, including Florida, have what is commonly called a “Slayer Statute” to prevent this sort… Read More »

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What Property Is Exempt From Creditor Claims In A Probate Estate?

By Legacy Protection, LLP |

Debts do not necessarily die with the debtor. A decedent’s creditors may file a claim for payment against their probate estate. The estate is then normally required to pay such creditors to the extent possible from the estate’s assets after other, higher-priority expenses are paid. But not all probate assets are subject to creditor… Read More »

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Why You Need To Pay Attention When Changing The Beneficiaries Of Your Life Insurance Policy

By Legacy Protection, LLP |

Even if you have a will and a living trust, there may still be some assets that fall outside of these estate planning documents. For example, a life insurance policy is often governed by separate laws with respect to beneficiary designations. This means that even if you change the beneficiaries in your will or… Read More »

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How Creditor Claims Can Lead To Years Of Probate Litigation

By Legacy Protection, LLP |

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 »

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Can A Deceased Beneficiary Still Inherit Under A Will?

By Legacy Protection, LLP |

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 »

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How Long Does The Probate Process Take In Florida?

By Legacy Protection, LLP |

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 »

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EstateLitigation

What Is A Petition For Discharge In Probate?

By Legacy Protection, LLP |

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 »

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5 Problems That May Arise During Probate In Florida

By Legacy Protection, LLP |

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 »

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What Fees And Expenses Can You Expect During The Probate Process In Florida?

By Legacy Protection, LLP |

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 »

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