Search Results: heirs

Where’s the money? Lots of family members, heirs and beneficiaries want to know more about the estate inventory in Florida probates. Here’s all you need to know in 1 minute and 55 seconds. (For more about this topic, you can click HERE to read free Florida probate commentary with no sign-up.) What’s in the Florida estate? Everyone wants to know “where’s the money?! ” Well, if a Florida probate is opened up, the Personal Representative is required to file an estate inventory. Florida Probate Rule 5.340 requires that an inventory be filed. When? Within 60 days of the court issuing “letters of administration.” (Letters is actually a single court document signed by a judge that gives the executor, or Personal Representative, the power to act.) Amendments, and updates to a Florida estate inventory are expected. Getting what’s yours So, what do you do if no inventory was filed? You file a motion with the probate judge. What does the motion say? It asks the judge to compel the executor to file an inventory forthwith. (see below, too) What do I do if there are missing assets? “You need to do two things” says probate litigation attorney John Pankauski. “File a motion to compel or file a Petition for Return of Probate Assets.” To read more about Florida probate inventories, you can read two things. Florida Probate Code statute 733.604. This will give you a quick introduction to this topic. This is the law, or statute, on inventories. Next, you can […]

There are short time frames in Florida probate court to object to a will. Or to contest the validity of a will. But, what’s the difference between “objecting” and asking questions? A recent Palm Beach appeals court case discusses this issue. (To read about ESTATE OBJECTIONS, click that link.) How to exercise your rights If you want to object to a Florida will, you need to get to probate court. And file a petition. It might be a petition that objects to the will. (To know what you need to do, click HERE.) When you object to a will, you are calling into question its validity. Many times, a will will be set aside if it was caused by undue influence, lack of “mental capacity” or an insane delusion. Those wills can be void. Get in the game But how do you exercise your rights? File a petition in the probate court. What if there is no probate? (Open one !) Well, how do you know there’s even a valid will? After all, you are supposed to file a will with the clerk of the county of the residence of the dead person. And not all wills are filed. Sometimes, people are convinced there is a will, but there is none. In that case, the HEIRS INHERIT IT ALL. If there’s no probate, open one up. Give notice. File a petition and make your claim. But……………be careful of the 3 month window. Are you limited to 3 months? You may […]

Want to object to a trust? You need trust standing Florida to bring a trust contest. Also called a “trust challenge.” That means you have to have some connection to the trust, a prior trust, the trustee, or the dead person who created it. A recent Florida Appellate Court decision tells you more about whether you can attack a trust. It’s worth a read whether you want to have the trust voided, or if you are the trustee, and you have to defend the lawsuit. 1st Steps 1st — what is standing and why do I need it? What is trust standing Florida? Why does it matter? Think of standing as the legal connection one has to the trust. After all, everybody in the world can’t come in and object to a trust or launch a trust challenge. You need some connection. You have to have an interest that was affected by a trust before you can file a trust lawsuit attacking it. And it matters for two reasons. 1st, family members and prior beneficiaries may want to challenge a change to the trust if there was undue influence or fraud. And — 2nd — let’s face it, there are a lot of trusts in Florida! Holding billions and billions of dollars. And many times, a trust will be “restated” or “amended.” Or revoked ! And a new trust created. Not surprisingly, those trust documents often leaven out certain family members, or beneficiaries. Sometimes they leave more to another family […]

What is undue influence? In Florida, people often “unduly influence” others to change a will or trust. That’s not proper. And not allowed. it’s actually fraud. A will or trust or bank account that is caused by this is not valid. Dis-inherited beneficiaries and loved ones can win back their inheritance if they prove the presence of undue influence. This concept is something that many beneficiaries and heirs want to know more about when it comes to a last minute will signing or inheritance. This Florida probate legal commentary will discuss what it is and the warning signs. To see an introductory, Free Probate Video on this topic, click HERE. What is Undue Influence in a Nutshell? Undue influence is a species of fraud. It has been described as over-pursuasion, force, coercion or duress. When someone does this, they, in essence, destroy the free will or free “mind” of the victim. And replace it with their own financial desires and motives. It is often said that a will or a trust document created by this force or coercion is NOT the product of the person signing the will or trust. But by the perpetrator. The fraudster. The “undue-influencer.” What is the effect of a will or a trust that is caused by undue influence? It is void. You can read Section 732.5165 of the Florida Probate Code. What are some situations that MAY be undue influence? Possible Examples “Sign the will or I’ll leave you!“ “Change the trust or you’ll […]

This is your 1-stop-shop for learning who inherits in Florida. If you are wondering about an inheritance. Or are involved in a Florida probate. If there is a will challenge or fight over a joint account. Here are the 5 secrets to inheriting in Florida. The Rule of 2 There are 2 quick & simple rules for who inherits in Florida. This is your jumping off point for finding out if you get an inheritance. It all starts with whether or not there is a will. And not just any will, but a valid last will. Here’s your #1 secret. A valid last will governs all property that was owned by the decedent individually. A decedent is a Florida resident who is dead. If she owned property in her own, individual, name, it will pass under her last valid will. I’m not talking about assets owned in a revocable trust or in a joint account or a POD (“pay on death”). [ Those assets “go” according to the beneficiaries who are designated.] Since one can have multiple wills, only the last valid will rules. (Most wills revoke all prior wills.) And it has to be valid. No undue influence or duress or mistake or insane delusion. Want to read about wills in the Florida Probate Code? Click this FREE LINK which will take you to the Florida Probate Statutes section on wills. Now, the #2 secret? Intestacy. Dying Without a Will in Florida — heirs take it all ! Intestacy […]

How to revoke probate in Florida may be the key to getting your inheritance. Regrettably, in some cases of undue influence and probate fraud, it’s your only option. If a probate was “opened“, you will need to take action if you want to preserve your rights. And fight back. Knowing where such a petition fits in with you trying to get your inheritance is key to your success. Understanding the Probate Process in Florida In Florida, when you die, there are special rules for what happens to your property. Specific procedures that need to be followed. For example, most beneficiaries don’t know that all creditors and estate (probate) expenses are paid first ! Before a beneficiary sees a dime ! First, your assets should be gathered. This process is also known as “marshalling” your assets. Non probate assets, so called “will substitutes” like joint accounts, generally go to the survivor. But not always. Knowing when such an asset should come back to probate is often heavily litigated. So much for “avoiding” probate with joint tenancy, right? Second, all debts of the decedent need to be paid. Mortgage? IRS? Borrowings; last electric bill; cable bill, etc. You get the point. Then expenses of administration need to be paid. Including the probate lawyer ! Court documents need to be filed in the probate court and interested persons need to receive notice. What if the will that is on file is wrong? What if the petition for administration was granted and you think […]

Florida residents LOVE their revocable trusts. And over time, they amend, revoke, re-publish and re-state the trust. Changing bits and pieces. And sometimes changing the whole trust. But what if one of those trust revocations is caused by undue influence? Can you set the trust revocation Florida aside? Even if it’s done by a written legal document? Yes you can! Read a couple of statutes and a recent case to learn all about this. To read about trust contests, click HERE. How Do you Revoke a Trust? Lots of family members and heirs get surprised when mom or dad die– and they read their revocable trust for the first time. Sometimes, revocable trusts are changed many times over the years. These changes are sometimes called amendments. If an entire trust is going to be re-published, it’s sometimes referred to as a restatement. And, of course, there are revocations. Most amendments or future changes to a revocable trust need to be in writing. Although you could destroy or revoke a trust by an act. Such as shredding or ripping up the trust in front of witnesses and saying ” I hereby revoke my trust.” That is perhaps the most common revocation by “act” or deed. But the more common way is to simply change the trust by a writing. Amend it. And when you amend it, you “revoke” a prior section of the trust, or the entire trust itself. And you replace it with the new section or provision or new […]

A contingency fee may be your key to the probate court. (But, how do you find the right lawyer?) If the idea of large legal fees just to protect your inheritance is daunting, you are not alone. Many beneficiaries, heirs and family members seek out a probate contingency lawyer for will contests and trust lawsuits. Even just plain old probates —to look out for them, and protect their inheritance, in a Florida estate case. Admittedly, good ones are hard to find. And big firms won’t do contingent fees. You need to find a boutique expert who limits their practice to this area of the law. Here’s what you need to know now. (to read more about contingency fees, click THIS LINK ) Everyone’s Doing It “I get dozens of calls each quarter” says Probate Litigation Lawyer John Pankauski. “A lot of people are looking for a probate contingency lawyer. And they are the ones asking for a contingency fee.” But Pankauski admittedly doesn’t take over 90% of those calls who seek out his firm. He would rather be paid each month for his time, at his hourly rate — rather than take a case on a contingency. But he has that luxury. His firm has a robust practice handling litigations and appeals for wills, trusts, probates and estates, throughout Florida. His band of trial lawyers have found success in trials and even appeals. “I am very selective on what cases I’ll take on a contingency” he says. If you can […]

A Petition to Revoke Probate Florida may be your only way to get an inheritance if it was taken from you improperly. If an invalid or suspicious will was presented to probate, you just might have a will contest on your hands. Do you know how to enforce your inheritance rights? Understanding the Probate Process The Florida Probate Process is, in once sense, straightforward. You gather all the deceased Florida resident’s assets, pay her last expenses and bills, and then distribute what’s left over to the beneficiaries. But determining beneficiaries may be more of a challenge than one believes. If there is no will, then the HEIRS inherit under what’s called “Intestacy.” If there is a valid will, then the property goes to the will beneficiaries. A Petition to Revoke Probate Florida is a court filed document in the probate court. (It’s explained in more detail below). If there are multiple wills, a court will determine which one is valid. In that case, the will signing becomes very important, as well as the person’s mental health. Finally, the facts and circumstances of how a will came to be signed are important. Was there undue influence or fraud? To see videos on will challenges and undue influence for free, CLICK HERE. Reading the Florida Probate Laws + Rules The good news is that you may learn a lot about the Florida Probate process quickly, easily and free of charge. Listen up Heirs, children, grandchildren and adopted kids ! The Florida intestacy […]

There are a number of ways to handle a will challenge Florida. These depend on the facts of your particular case. However, how you approach your probate lawsuit depends upon your STRATEGY. Whether you are claiming a will is invalid based upon an insane delusion, dementia or undue influence, read on. What is a Will Challenge Florida? A will challenge Florida is an attempt to have a will declared void. Or invalid. In some instances, you are challenging only a part of the will. Such as a provision that leaves a specific asset to a particular beneficiary. Or, the “residue”, or “residuary” clause that changes who gets everything else in the end. A challenge may also be thought of, or described as, a Will Contest. A will may be valid if it was not executed OR signed properly. If you don’t have two witnesses who sign in the presence of the person– and each other, who also sign in everyone’s presence– the will is not valid. Sometimes you simply start with the basics of a will challenge. Was the will signed correctly? To read a Florida appellate court opinion about will signings, click HERE. If the person who “signed” the will did not know what was going on, the will is not valid. Probate litigators call this lacking the requisite testamentary capacity. It does not mean that a guardianship was created. A Florida resident who signs a will must know, in general terms, what she is doing. Does she know […]