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Reviewing the validity of no contest clauses

For those beginning the estate planning process in Miami, the ultimate goal is to create an inheritance plan that reflects their true wishes, while also being able to avoid disputes between their beneficiaries. The said reality is, however, that it is often impossible to please everyone, especially when it comes to estate matters. Thus, will contests can be a common occurrence. 

Family matters in relation to your will

Estate planning experts in Miami encourage you to begin considering the matters of your estate early on in life. The first step in that process may be to create a will. Many of those that we here at The Law Offices of Frye and Vazquez, P.L. have worked with over the years, however, have had to find out the hard way that estate planning is a process, not a singular event. As changes occur in your life that affect your income, savings and property holdings, as well as your marriage and family, you will want to revisit your will to see if changes need to be made to reflect your current situation. Yet what if you fail to do so? 

Spotting the signs of will fraud

You may hear news of disputes over wills in Miami and automatically write them off to simply being the desperate actions of jealous people who are upset about being disinherited. Yet it has been our experience here at The Law Offices of Frye & Vazquez, P.L. that the motives of those who have come to us with questions regarding the validity of a will are typically not financial. Rather, their concerns were primarily over the potential of their loved ones being taken advantage of.

Detailing the descent of homestead in Florida

Questions often arise amongst people in Miami regarding what happens when a person dies without ever having made a will. The answer is that his or her assets and property are transferred to others according to the state’s rules regulating intestate succession. The general details of Florida’s intestate succession guidelines have been shared in this blog in the past, however many may wonder how such regulations treat what is often one’s most valuable asset: his or her home.

Outlining the process of revoking a will

Whenever you hear news of an estate dispute in Miami, oftentimes the central issue in such cases is the validity of one will over another. We here at The Law Offices of Frye and Vazquez, P.L. can attest to the fact that such disputes can often be avoided by you being as transparent as possible during the estate planning process. Say that you have followed the advice of estate planning experts and created a will early on in your adult life. Changes in your relationship status, career, or even your political and social leanings may prompt you to create a new one later on. How can you ensure that your beneficiaries understand that your subsequent will reflects your true wishes?

Senator’s sons and widow square off over validity of his will

Miami residents are encouraged to begin their estate planning early on in their adult lives, and to involve those who may be beneficiaries of their estates in the process, as well. This attempt at transparency may hopefully help to avoid having disputes arise once one is gone. However, as family dynamics change over time, so too can one’s estate plans, much to the chagrin of those who may be negatively impacted by such changes. In such cases, no amount of planning may be able to avoid the legal battles that may arise if and when disillusioned beneficiaries try to claim what they may believe to be theirs.

How long does the probate process take?

One of the main reasons that estate planning experts in Miami recommend that you and your loved ones start addressing end-of-life issues when you are young is to avoid having your estate go to probate. Yet despite these expert recommendations, a good number of estate cases still end going through the state’s probate courts every year. According to information shared by the Florida Office of the State Courts Commissioner, 115,746 cases were filed in the state in 2014-15 fiscal year.

Detailing the duties of a custodian of a will

We here at The Law Offices of Frye and Vazquez, P.L. are often questioned by Miami residents about the duties that interested parties to an estate have regarding the provisions of a will. Yet few may be concerned about the management and preservation of the actual will itself. However, without the actual physical document, all matters concerning the disposition of an estate may be moot. Thus, if you have been asked to be the custodian of a will, you may want to know what duties such a role requires.

Will invalidated by court after being sued by decedent's friends

One of the main reasons why so many in Miami are encouraged to begin the estate planning process early in their adult lives is because having a will, a trust instrument or other documentation might limit the chances of there being a dispute amongst beneficiaries. However, the mere presence of such estate planning articles may not guarantee that disagreements may not arise. If the feeling exists amongst certain parties to an estate that the articles detailing is disbursement are not reflective of their loved one's actual wishes, they may feel a moral obligation to challenge them.

Man at odds with deceased partner's relatives over brownstone

One of the primary reasons why so many estate planning experts in Miami encourage people to have a will is so that disputes over the rightful ownership of their property and assets can be avoided. When one dies without a will, he or she is said to have died "intestate." Florida has laws that spell out the state's intestate succession policies. These laws name the deceased's family and next of kin as the heirs to his or her estate. Some may have no issues with this. Others, however, may want to first consider any special relationships they may have with people who they would like to benefit from their assets, and how their inaction may affect those parties.

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