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Category Archives: Probate and Trust Litigation

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Three Common Signs Of Estate Mismanagement

By Legacy Protection, LLP |

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 »

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Steps To Take After Being Appointed Executor

By Legacy Protection, LLP |

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 »

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How To Object To Probate

By Legacy Protection, LLP |

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 »

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Common Mistakes Made In DIY Wills

By Legacy Protection, LLP |

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 »

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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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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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