Probate Proceedings Archives - Beller Law, P.L.

3 Feb, 2020

What Are Your Options for Resolving Family Disputes During Probate?

Rebeccah2024-04-29T06:17:48-04:00February 3rd, 2020|Probate Proceedings|

One of the most difficult aspects of going through the probate process is dealing with disputes among family members. If your loved one did not leave an estate plan, if his or her estate plan is unclear or incomplete, or if there are questions regarding its validity, these are all issues that can require some form of intervention in order to achieve a final resolution.

Other issues […]

21 Jan, 2020

What Should You Do If You Run into Issues during Probate in Florida?

Rebeccah2024-04-29T06:15:12-04:00January 21st, 2020|Probate, Probate Proceedings|

In an ideal scenario, the process of probating a loved one’s estate will go smoothly, and everyone involved in the process will be on the same page regarding how to wind up your loved one’s final affairs. Your loved one’s estate plan will provide clear guidance, and there will be no questions regarding its legal enforceability.

But, things do not always go according to plan. Ambiguities can […]

21 Nov, 2019

Probate Administration vs. Trust Administration: What’s the Difference?

Rebeccah2024-04-29T06:10:27-04:00November 21st, 2019|Probate, Probate Proceedings|

Probate administration and trust administration are two very different procedures for administering a decedent’s estate. Among other differences, while probate administration involves dealing with the Florida courts, a trustee can administer a decedent’s trust without court involvement.

When coping with the loss of a loved one, administering his or her final affairs is a difficult – but necessary – part of the process. In order […]

8 Aug, 2019

What Do Family Members Need to Know about Probate in Florida?

Rebeccah2023-09-27T08:58:06-04:00August 8th, 2019|Probate Proceedings|

If you have recently lost a loved one in Florida, you will need to learn some basic information about the probate process. Probate is used to resolve a person’s final affairs. This typically involves paying eligible creditors, paying certain expenses, and then distributing the estate’s remaining assets to the person’s heirs or devisees. If your loved one named a guardian for his or her minor children, then […]

21 May, 2019

How Do Courts Determine a Settlor’s Manifestation of Intent?

Rebeccah2022-09-01T14:17:55-04:00May 21st, 2019|Probate Proceedings|

Under Florida law, the “terms of a trust” determine how assets placed into a trust are to be managed and distributed at the time of the settlor’s death. Section 736.0103(21) of the Florida Trust Code defines the “terms of a trust” as:

“[T]he manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence […]