There are some relatively simple steps one can take in order to avoid a litigation with a family member contesting one's will. First, care must be taken to make sure that the will is prepared correctly, and that the execution is proper and in the presence of an attorney. When...
How To Best Provide For Minor Children And Grandchildren
It is quite common for parents and grandparents to want to leave money to a person under the age of eighteen (18) years old (a “minor”). Since a person younger than 18 can not legally inherit money, having a minor as a...
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The Impact of Probate on Family Businesses in NY and FL
You hear the term probate all the time, but what does it mean? It describes the state court process of dealing with someone’s estate after their death. The process includes validating their will and distributing any assets. Probate can have significant consequences for family businesses, particularly in New York and Florida. Without...
The Role of an Executor During Probate
When a loved one passes, their assets, wishes, and legacy are managed through a process called probate. The executor stands at the center of this process, taking on a role of significant responsibility and purpose. Acting as an executor can feel challenging at times, yet it’s a position of trust—one that involves...
The Necessity of Checking Beneficiary Designations
Many people are unaware that if you have a beneficiary on your retirement account, life insurance, or other asset, the beneficiary designation supersedes your will. For example, if your will leaves all your assets to your spouse, but beneficiary designations have your children listed as the primary...
Bills and Services to Cancel When a Loved One Dies
If you’ve recently lost a loved one, you might be going through the difficult process of wrapping up their affairs—some of which are all too easy to overlook while you're mourning your loss. Unfortunately, this can lead to unnecessary expenses or, for some services, significant financial consequences. With that in mind, here’s...
Intestacy: What Happens When One Dies Without a Will
When someone dies without a will, the assets owned by that person do not pass to the State. Rather, the laws of the State where one resides determine who the assets are distributed to. Generally speaking, the people who inherit are...
Is Probate Still Required if There is a Surviving Spouse?
The determination of certain property rights is an important issue following the death of a spouse. Fortunately, in Florida, surviving spouses have many property rights. For example, pursuant to the Florida probate code, a surviving spouse may be entitled to some or all of a deceased spouse’s estate, including:
What to do Upon the Death of a Loved One
Knowing what to do when a loved one dies can alleviate some uncertainty and anxiety. Death certificates will be needed for each asset owned, as well as for filing(s) with governmental agencies. If the decedent was collecting a pension or social security, the appropriate...
An Overview of Probate in Florida
Probate is the court-supervised process of administering a deceased person’s will. Although probate sometimes leads to litigation, the majority of probate cases are purely administrative. In other words, in most cases, the court simply supervises the probate process to ensure that the law is followed and that the wishes of the...