Estate administrators hold the responsibility of managing and distributing a decedent’s assets. They have to balance their legal obligations and the decedent’s wishes, which is a crucial part of their role. Disputes can sometimes arise in the process of fulfilling these duties, especially when considering the beneficiaries’ expectations. Here are four reasons why that happens. Mismatch between beneficiary expectations and administrator decisions One common cause of disputes is when beneficiaries and the administrator don’t see eye-to-eye. Beneficiaries often have their own ideas about the dece ..read more

Executing a will is an essential part of probate, which can also help the court and the surviving family decide what to do about the deceased’s estate. This document should be a source of guidance and solace, but there can be scenarios when family members must go to court to contest the will. Various details surrounding the document’s creation can be valid reasons to do so, such as information leading to the presumption of undue influence. Undue influence happens when someone else uses coercion, manipulation, force or fraud to control what the testator wrote in their will. It can be a valid re ..read more

Executors have a fiduciary duty to act in the best interest of the estate they are managing and its beneficiaries. This duty is based on trust, loyalty and good faith. Unfortunately, some executors take advantage of their power and deliberately breach their duty, such as using the estate’s assets for their personal benefit. This is generally actionable and guilty executors are held liable. But what if an executor unintentionally breached their duty? Can they still be responsible? Yes, they can. When holding executors accountable for breaching their duty, intention is not a requirement. A breac ..read more

Are you surprised by the estate plan that your loved one left behind? Were you left with less of an inheritance than you expected as a result? If so, then you need to take a closer look at the circumstances surrounding the creation of your loved one’s estate plan to see if there were any issues that may deem portions of the estate plan, or the estate plan in its entirety, invalid. One of those issues could be your loved one’s mental capacity. What is mental capacity in the estate planning context? To create legally valid estate planning documents, an individual must have the requisite mental c ..read more

The court must determine if a will is valid and legitimate before authorizing an estate administrator to execute the will’s instructions. For a will to be valid, the testator must have been of sound mind and body when they signed it. However, some people, even family members, try to take advantage of elderly or sick individuals with substantial assets through manipulative tactics. The Second District Court of Appeal in Florida describes undue influence as the use of “over-persuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that there is destruction of the ..read more

Sometimes, our situation prevents us from being physically close to our parents. Whether it is because we reside in another state or our jobs are not very flexible, it can be challenging to be hands-on in our parents’ care. Fortunately, estate planning tools such as powers of attorney (POA) give us peace of mind that our elderly loved ones receive their daily needs and maintenance. Sadly, some people take advantage of the elderly’s vulnerability and use their power under the POA for their personal benefit. Abuse signs to look out for Abuse of power can take many forms. Here are some of the tel ..read more

When a loved one passes away in Florida, the executor or personal representative responsible for administering the estate has a fiduciary duty to act in the best interests of the beneficiaries. Unfortunately, there are cases where the executor breaches this duty, causing harm to the estate and its beneficiaries. If you suspect a breach of fiduciary duty in your loved one’s Florida estate, you may wonder if seeking redress is the right course of action. Understanding fiduciary duty A fiduciary duty is a legal obligation that requires the executor or personal representative to act with the utmos ..read more

When family relationships sour, estrangement between parties may occur. Bitter feelings and acrimony can increase when a family member dies due to disputes over the estate. Though conscientious individuals may create a will in hopes of eliminating such contention, estranged relatives might still dispute the arrangement and raise legal challenges that complicate the process. Who might have rights to an estate in Florida? Florida follows the common practice of awarding assets to the surviving spouse. If the deceased had biological or legally adopted children, those descendants would share the es ..read more

When a parent leaves an asset that is not physically divisible to multiple heirs, such as the family home, disputes can arise when the heirs do not all agree on what to do with the asset. The Florida Probate Code governs the options that heirs have. What happens if you and your siblings disagree about what to do with your inherited family home? Can a sibling force a sale? One of the most common disputes that arise from multiple siblings inheriting the family home is that one or more siblings may want to sell the home and split the proceeds, while another sibling may want to either live in the ..read more

When someone in Florida dies and leaves behind a will, beneficiaries named – or not named – in the document may take issue with it if they believe the person who drafted the will did not do so on his or her own accord. There are only a few valid reasons for challenging a will, and if you suspect someone influenced the testator’s decision and you suffered a loss because of it, you may decide to challenge the will on the grounds of “undue influence.” Per the American Bar Association, “undue influence” essentially means that someone exerted an unreasonable amount of power or persuasion to influen ..read more