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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.

Estate administrator challenging late woman's final will

Miami residents may be encouraged by estate planning experts to begin drafting the instruments that detail how they would prefer that their assets and property be dispersed early on in their lives. There may be wisdom in such counsel, given that most may not know when they will meet their end. However, one should also keep in mind that a person's familial and social relationships may change over time, thus necessitating that he or she revise any estate planning documents to ensure that they reflect his or her current desires. If and when such changes are made, it may not be surprising that some of those affected by them (in a negative way) may choose to challenge their validity.

What is Florida's process for intestate succession?

Despite the best efforts of estate planning experts, many in Miami still may not have any form of a written will. If you count yourself amongst this group, then you may be running the risk of having the state decide where your assets should go once you are gone. If you do happen to die without a will, your estate will then be dispersed through a process known as intestate succession.

Is it time to revise your will?

Documenting your wishes in a will is one of the best ways to protect them and ensure they are properly carried out. It can be a difficult process to create a will, but once you have one in place, you can be confident that you, your assets and your loved ones are taken care of.

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