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Florida Estate Planning, Trust Litigation & Probate FAQ's

If you have questions regarding a trust or if you are trying to deal with the Florida probate process, visit this page of our website to find the answers to frequently asked questions.  Contact a Fort Myers probate lawyer today at the Matthew A. Linde, P.A. to get your questions answered.

FAQ Categories:

• Adult Guardianship Administration and Litigation
• Estate Planning
• Guardianship of Property for Minor Child
• Probate and Trust Litigation
• General

Adult Guardianship Administration and Litigation

• What does a guardianship cost and who pays for it?
  
• Dad is giving money away left and right, but his doctor says he has capacity.  Is there anything I can do?
  

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Estate Planning

• If I become temporarily incapacitated and enter an hospital, but I have not executed an advance directive or nominated a health care surrogate, who makes decisions on my behalf? 
• I just got married, but I already have an estate plan that gives my assets to my kids and my new husband has told me that he does not need or want any of my assets if I predecease him.  I do not need to make any changes in my estate plan right?    
• But I went to a seminar, had a nice lunch and Fred the seminar guy said . . . .
  
• What is an advance directive?
• Can I contest the will my mom executed just before she died?  
   
  

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Guardianship of Property for Minor Child

• We have a minor child who is going to receive $50,000.00 from his great grandmother’s trust.  We have heard that there are other options to setting up a guardianship of the property for our minor child.  What are the other options?

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Probate and Trust Litigation

• My mom died after being married to my dad for many years; (2) soon after mom died a much younger woman (Liaretta) started following dad around; (3) eventually just before dad died he changed his will and made Liaretta the personal representative of the will; (4) we have filed a petition to revoke the will, but we have discovered that the vast majority of assets were transferred to Liaretta before dad died.  We are concerned that by the time we get to trial on the will contest, Liaretta will have spent or transferred the funds she duped dad into transferring to her before he died.  What can we do? 
• The trustee is incompetent and will not give me information.  What can I do?
  
• What types of litigation could involve the probate estate of a deceased person?
  
• But the probate/trust attorney told me that I do not need my own attorney.  Is that true?
  

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General

• I have seen several attorneys state that they practice "elder law."  What does an attorney who practices "elder law" actually do?

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