Easy Law Finder

Category: FAQ

  • 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 criteria must be met for a will to be considered valid in Florida?

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    For a will to be considered valid in the state of Florida, it needs to be written, witnessed by two individuals, and signed by the testator. The testator must possess the necessary mental capacity to sign the will and must not be under any form of coercion, duress, or undue influence.

  • What is a presumption of undue influence in the state of Florida?

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    In Florida, the presumption of undue influences occurs when an individual contesting a will can demonstrate three key factors: firstly, that the individual who applied the undue influence is a significant beneficiary of the estate planning documents; secondly, that the individual who applied the undue influence had a confidential relationship with the person who signed…

  • What are the different categories of guardians?

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    There are two categories of guardians. A guardian can either be a restricted guardian or a full guardian. A full guardian has been assigned all of the ward’s rights, whereas a restricted guardian has only been assigned a specific number of the rights of a ward that the court has elected to assign.

  • Why should I hire a lawyer who specializes in handling appeals?

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    The appeals process requires a different set of skills compared to those utilized during a trial. A trial lawyer must have expertise in jury selection, examination of witnesses, and managing evidence. Successful appeals, on the other hand, demand extensive periods of uninterrupted time dedicated to thoughtful, innovative, and scholarly work. In a practice centered on…

  • What is the unlimited marital deduction?

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    The federal government allows every married individual to give an unlimited amount of assets either by gift or bequest, to his or her spouse without the imposition of any federal gift or estate taxes. In effect, the unlimited marital deduction allows married couples to delay the payment of estate taxes at the passing of the…

  • What benefits does a trust offer?

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    There are so many different types of trusts. There’s Trust A, there’s Trust B. It depends on the purpose for which you want to set up the trust. Trust A is great for estate planning purposes. Essentially, they take the place of the will in that in Trust A, you can decide who your beneficiaries…

  • What are the indicators of improper control?

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    Indicators of improper control include someone having a close personal relationship with the individual, being a significant beneficiary under the person’s inheritance plan, and above all being involved in obtaining the inheritance documentation. Active obtaining can involve choosing the legal firm to draft the inheritance documents, arranging the appointment for the drafting and signing of…

  • What are the tax implications of a business registered as a subchapter S corporation versus an LLC?

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    With the sub-chapter S enterprise, all income from the company goes through the shareholders. The shareholders report all items of income, deduction and credit. With an LLC, there’s a lot more flexibility. A single member LLC can be a disregarded entity for federal income tax purposes. In addition, if it’s a multi-member LLC, it can…

  • What is the cost of estate planning?

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    The cost of planning your estate can vary depending on individual circumstances. Each family dynamic, set of assets, and objectives differ. If you would like to discuss your estate plan, I am available for a complimentary consultation. At the conclusion of our meeting, I will provide you with a fixed rate for managing your estate…

  • What impact does a later marriage, divorce, or child have on a will?

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    If an individual who created a will later gets married or has a child, then the new spouse or child would be classified as a pretermitted spouse or child. As a result, they would have the right to receive a portion of the deceased person’s estate as determined by intestacy laws. Regarding a divorce that…

  • How do I challenge a trust?

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    To challenge a trust, you must submit a complaint in civil-circuit court. Unlike probate proceedings where the estate is automatically being administered, trust proceedings are private proceedings in which there is no court proceeding pending unless one if filed. Therefore, in order to initiate a trust contest, you will be required to file a lawsuit…

  • What is a life insurance trust?

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    A life insurance trust is a type of irrevocable trust created by John Smith and intended to own a life insurance policy on his life. The advantage of the life insurance trust is that the life insurance policy will not be considered part of John Smith’s estate, and the proceeds from the policy can be…

  • When can I contest a will?

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    A will can be contested only after the individual who wrote it passes away. If you receive a copy of the Petition for Administration by formal notice, then you have twenty days from the date of receipt to appear in court and contest it. If you receive a copy of the Notice of Administration by…

  • What is the distinction between a custodian of the individual and a custodian of the assets?

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    A custodian for the individual possess the power to determine the physical welfare of the ward. This encompasses their place of residence and particular aspects of their medical treatment. It is also comparable to a healthcare representative concerning advanced directives. Regarding the custodian for the assets, that individual is responsible for managing the ward’s financial…

  • What happens to my estate planning documents if I relocate?

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    The estate planning documents are intended to be applicable in any state where you reside. However, if you decide to move to another state, it is strongly advised that you consult with a lawyer in that area who can provide you with recommendations on any necessary modifications.

  • What occurs if a case challenging a will leads to the will being pronounced illegitimate or null?

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    If a will is deemed illegitimate or null, then there are two potential outcomes. Firstly, the estate can be distributed in accordance with the laws of intestacy. Secondly, if the deceased had previous estate planning documents, there is a chance that those earlier estate planning documents will be reinstated if the Doctrine of Dependent Relative…

  • 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.

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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,…