Chapter 744 of the Florida Statutes outlines the procedures for having someone declared legally incapacitated and appointing a “guardian” to make some or all decisions for the alleged incapacitated person (referred to as an “AIP”). This process is known as “involuntary guardianship.” The process begins when the person alleging incapacity files in Circuit Court both a petition to determine incapacity and a petition for the appointment of a guardian. READ MORE
Category: Probate, Estate, & Trust Litigation
Custodial accounts may be created under the Florida Uniform Transfer to Minors Act, see §710.101, et seq., Fla. Stat (2018) (the “UTMA”), so that an adult (the “custodian”) is placed in charge of a minor’s funds until the minor reaches the age of 18 years. Such an account is frequently utilized by parents as part of a general estate plan or is the result of divorce proceedings in which the parents agree to set aside funds for their child or children. READ MORE
Capacity usually refers to a natural person’s legal ability to make binding agreements relating to their rights, duties, and obligations, such as entering into contracts, getting married, or executing wills. For example, minors lack the capacity to enter into binding contracts and to execute wills, and certain mental conditions may render a person incapable of testamentary capacity. Agreements made by persons who lacked capacity can be either void (invalid from the beginning) or voidable (capable of being invalidated). In the area of probate, trusts, and estates, testamentary capacity is an important concept to keep in mind when trying to affirm the validity of a will or to attack its legality. READ MORE
This infographic explains the purpose of probate litigation and when an attorney’s assistance is required during the process. In the U.S., probate is a court proceeding to administer the estate of a deceased person. If an involved party finds that the probate process is not lawfully administered, he or she can initiate probate litigation to challenge the legal validity of the Last Will and Testament.
A probate attorney can offer a range of services during your probate litigation. For example, probate litigation attorneys can typically assist with the actual administration of the estate property, as well as with filing the decedents will with the Court. Additionally, your attorney should be able to assist you if there are any legal complications during the probate process, while aiding you with filing any necessary paperwork with the Court.
For more information on probate litigation, refer to the infographic below.
The infographic below explains what to look for in a trust litigation attorney. The best way to financially protect an elderly individual is by establishing a trust. However, they may be invalidated by a court if the trust instrument was executed based on another’s undue influence or at a time when the decedent lacks capacity. READ MORE
Families are often a source of great joy in our lives, but there may be times when family matters may cause us unnecessary and unpleasant grievances. This is especially true when it comes to money. Older family members pass away, at times leaving a large estate behind for the survivors to argue over. The manner of distribution of a decedent’s estate can be determined by a valid will or, when none exists or a will is considered invalid, by the laws on intestacy. READ MORE