Easy Law Finder

Author: Elf

  • What is the definition of undue influence?

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    Undue influence is a basis that can be employed to challenge a will, a trust, or even a beneficiary designation form. It can happen when an individual inappropriately asserts control and influence over the mindset of another person, leading them to create estate planning documents or beneficiary designation forms naming themselves as the beneficiary, instead…

  • What are assets subject to probate?

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    Assets subject to probate are assets that were titled in the deceased person’s name at the time of their passing. It’s crucial to note that assets subject to probate do not include assets that were jointly titled with another individual, assets held in the trust’s name, or assets with a designated beneficiary for debt repayment.

  • When is the ideal time to begin planning for protecting my assets?

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    The optimal time to commence planning for safeguarding your assets is when the circumstances are favorable. It is exceedingly challenging, if not outright impossible, to engage in asset protection planning once a creditor emerges. It is crucial to note that a creditor’s presence does not necessarily imply the filing of a lawsuit. A creditor may…

  • How can I leave my estate to my partner without incurring any taxes?

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    If your partner is a US citizen, you can leave your entire estate to your partner and estate taxes would be deferred until the death of the surviving partner. If you don’t want to leave the entire estate outright to your partner, you can set up a trust through your will or living trust and…

  • What are the reasons for challenging a will?

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    The most common reasons for challenging a will include first, if the original will is unable to be found when the deceased person passes, it will be presumed that the will was destroyed. Next, a will can be challenged if it was not signed in accordance with state law, meaning that it was not signed…

  • What is the entitlement for a widow or widower in Florida?

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    In Florida, a widow or widower has the right to claim an entitlement. Essentially, a widow or widower can claim the greater of either what they are designated to receive through the estate planning documents or 30% of the probate estate.

  • What constitutes a charitable remainder trust?

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    A charitable remainder trust refers to a trust that an individual can create and transfer assets to. In return, the individual will receive annual payments in the form of an annuity or a percentage. Once the predetermined period ends, any remaining assets in the charitable remainder trust will be bequeathed to a charitable organization. One…

  • What happens if someone doesn’t have a will or trust?

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    If an individual passes away without a will or a trust, their beneficiaries will be determined based on the laws of the state where they resided at the time of their death. This means that the individuals whom they may have wished to inherit their estate might not do so, according to the state’s legal…

  • What occurs if the executor neglects their responsibilities?

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    If the executor fails to fulfill their duties, then the heirs of the estate must participate in the probate proceedings. They can request the court to either force the executor to carry out their legal obligations, or if the breaches of fiduciary duty are severe enough, they can request the court to dismiss the executor.

  • What is the timeframe for initiating a will contest case in Florida?

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    In Florida, if you receive the Petition for Administration by official notice, you have a period of 20 days from the date of receiving the official notice to challenge the Will. If you receive the Notice of Administration by official notice, then you have a period of three months from the date of receiving the…

  • What are fiduciary duties?

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    Fiduciary duties are duties that legal representatives and lawyers owe to individuals involved in an estate or trust. Essentially, a fiduciary must act in the best interest of these individuals. The most common fiduciary duties involved in trust and estate disputes include the duty of loyalty, the duty of impartiality, and the duty to appropriately…

  • What is a holographic will?

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    A holographic will is a will that is written in the testator’s handwriting. A holographic will cannot be admitted to probate in Florida unless it is also executed in accordance with the applicable state law, which necessitates two witnesses in addition to the signature of the testator.

  • What is the impact of cognitive decline on the validity of a will?

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    For a will to be deemed valid, the person making it, known as the testator, must possess the necessary mental capacity to sign the will. This is determined through a three-step examination. Firstly, the testator must comprehend who their beneficiaries are, meaning they must be aware of their family members. Secondly, the testator must understand…

  • What obligations does a legal firm have towards its clients?

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    The legal firm bears fiduciary obligations to its clients. These include 1) the obligation of allegiance, which means that the legal firm must abstain from self-interested transactions and must act in the utmost interest of the clients. 2) That the legal firm is obligated to maintain impartiality towards the clients, indicating that the legal firm…

  • What are the disadvantages and advantages of a guardianship?

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    The benefits to a guardianship are if you have a family member or loved one that lacks mental capacity, and they can no longer handle their finances or their healthcare that you can step in and help them with it. The drawbacks to a guardianship are the fact that it is a legal process. You…

  • What rights do the surviving offspring have in the probate estate?

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    What rights does the surviving partner have in the probate estate? In addition to the right to inherit through the laws of intestacy, the surviving partner has 4 primary rights. The first right is the right to an elective share, which would be 30% of the probate estate. The second right is the right to…

  • How can I safeguard my interest in a real estate asset?

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    One effective method to safeguard your interest in a real estate asset is to transfer it to an entity, such as a limited liability company (LLC). By doing so, you are separating any potential liabilities associated with the property from your other assets. Furthermore, if you have a personal creditor, this transfer also helps protect…

  • How can a trust be deemed invalid?

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    The most common reasons for invalidating a trust include, one, disputing the execution of it, meaning that the dispositive provisions of the trust were not executed in conformance with state law, which would require two witnesses. Two, that the settlor lacked the necessary mental capacity to sign the trust on the date of execution. Three,…

  • What if I suspect that the legal representative is engaging in inappropriate actions?

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    If you have suspicions that the legal representative is engaging in inappropriate actions, you should reach out to them and request them to furnish evidence or supporting papers for their actions. If they fail to provide the requested documents, you may need to participate in the legal proceedings and, during those proceedings, you can legally…

  • What do I need to demonstrate in order to prove lack of ability?

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    In the state of Florida, the examination to determine mental capacity for signing estate planning papers consists of three parts. First, the individual must comprehend the rightful beneficiaries of their assets, which includes knowing and recognizing their family members. Second, the testator must have knowledge and comprehension of their property’s nature and extent. Lastly, the…

  • How can a well-prepared estate plan provide relief for my family after my passing?

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    By ensuring a comprehensive estate plan, your family can experience significant ease during such a challenging time. For instance, during estate planning, it is crucial to circumvent the probate process upon death. Probate is an expensive and lengthy core procedure. It involves transferring assets from the deceased’s name to the beneficiaries. Administering an estate through…

  • How can a will be validated?

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    A will can be validated using one of two methods. Firstly, if you engage the services of a professional in the field of estate planning, they might attach a self-proving affidavit to the will. This affidavit would include notarized statements affirming that the will complies with the relevant laws of the state. Alternatively, if the…

  • What is Cognitive Decline and how is it associated with Alzheimer’s Disease?

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    Alzheimer’s Disease is a type of cognitive decline. If you discover that a dear one has been diagnosed with either cognitive decline or Alzheimer’s Disease, that can indicate that conservatorship proceedings are required if they lack appropriate advance directives. It can also suggest that, possibly, inheritance preparation papers that they signed are null and void…

  • What are the rights of a surviving spouse under Florida law?

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    Besides having the ability to inherit through the laws of intestacy, a surviving spouse is entitled to 4 statutory rights. These rights encompass the ability to assert an elective share, claim a family allowance, demand exempt property, and secure homestead protection.