Florida Probate Lawyer Blog

Our Florida probate attorneys post blogs on a wide variety of topics including how to file state and federal estate and income tax returns, deal with creditors, and distribute assets according to the Florida law.  Read our latest blogs and contact us today if you would like to speak with a Florida probate lawyer to receive more information. We represent clients in Fort Myers, Cape Coral, Bonita Springs, Naples, Punta Gorda and the surrounding cities.

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  • What does it mean that the person executing the will lacked capacity? A will may be invalidated if the person executing the will (called the testator (male) or the testitrix (female)) cacked the capacity to execute the will. Generally the person executing the will will have "sound mind" when he or she has the ability to mentally understand in a general way:(1) the nature and extent of the property to be disposed of; (2) the testator's relation to those who would naturally claim a substantial benefit from his will; and (3) a general understanding of the practical effect of the will as executed.
  • Do I need a trust? I am often asked whether an individual or couple needs a trust. Most people are not sure what a trust is, but they have heard that a trust may help them “avoid probate.” Before deciding whether you (individual or couple) need a trust it is helpful to know what a trust is. Basically, a trust is a legally enforceable agreement between the settlor (person or persons creating the trust), the trustee (the person, people or entity that has certain duties defined in the trust agreeement) and the beneficiaries. The duties the trustee has to manage the trust property and the duties the trustee has toward the settlor and the beneficiaries are defined in the trust agreement and by state (Florida) law.
  • A Will can be rescinded if testator executed it based on irrational belief If the testator or testatrix (male or female person who executes a will) changes their will because of a spontaneous conception and acceptance of a fact which has no basis in fact except in the imagination of the individual, and the individual persistently adheres to the belief despite all evidence and reason then the court may revoke the will by ruling that the individuals belief was an insane delusion.
  • Formal Notice in Probate Requires Informed Response You are the beneficiary in a probate proceeding and you receive a document from the probate attorney via certified mail. Do you need to take any action?
  • Common Signs of Undue Influence Undue influence - what are the signs? To know what it is, you need to know the signs.
  • Adversarial Probate Proceedings Probate litigation often involves “adversarial proceedings.” Many people do not understand how “adversarial proceedings” operate within a probate proceeding. However, understanding how adversarial proceedings work will help you to understand your case.