Category Archives: Probate
Can a Florida Probate Court “Correct” a Mistake in a Trust?
Florida residents commonly create trusts as part of their estate plan in order to distribute their assets upon death without the need for a lengthy probate process. Unfortunately, trusts are not always successful in avoiding disputes among family members, especially when there may be problems with how the trust was created or funded. If… Read More »
The Limits of “Totten Trusts” as a Tool for Avoiding Probate Litigation
At Bleakley Bavol Denman & Grace, our estate litigation attorneys often deal with situations where siblings are fighting over an inheritance from a parent’s estate. Many parents try to preempt such conflicts through a non-probate transfer of assets, such as placing a house in a living trust or having a bank account be “payable… Read More »
What Happens If a Beneficiary Can’t Be Found in a Florida Probate Case?
When someone passes away in Florida and their estate enters probate, one of the personal representative’s first responsibilities is to identify and notify all beneficiaries named in the will—or heirs if there is no will. But what happens if a beneficiary can’t be located? Missing beneficiaries present a unique legal challenge in Florida probate… Read More »