Contesting a Will in Florida: Understanding the Basics The passing of a loved one is always a difficult time, which can become more complicated when there is a dispute over their will. If loved ones believe that the will may be invalid or unfair, there is a possibility that it can be legally contested in…
Abuse of Power of Attorney Those given the power of attorney (POA) to handle another’s financial or healthcare matters are in a position of great responsibility to act in that individual’s best interests. Unfortunately, there are times when these individuals betray trust, through manipulating the other person or using their assets for their own personal…
Breach of Fiduciary Duty The probate process in Florida can name personal representatives of an estate, guardians and trustees as fiduciaries of an estate. Those who are tasked with carrying out these roles are legally obligated to act within the highest legal and ethical standards in order to avoid the financial liabilities associated with breach…
In Florida, legal incapacity of an adult is determined by a judge. Relatives, professional guardians or any other interested person can request a court to determine whether or not an individual should be legally considered incapacitated . Once a request has been filed to determine incapacity, the alleged incapacitated individual will be provided with a…
Last wills and testaments include a number of unique terms which often confuse individuals who are not familiar with the probate process. One of the most common terms that confuses individuals is “per stirpes”, which literally is translated to English as “by the branch”. This term refers to how the testor’s assets will be distributed…