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Posts tagged "wills"

What does it mean to die intestate in Florida?

If you are a Florida resident who has not yet gotten around to making a Last Will and Testament, you may wish to reconsider your recalcitrance. While no one likes to think about their own death, having a will is one of the best ways for you to make sure that when you die, your property will go to those and only those to whom you wish to distribute it. If you die before you make a will, you will be considered to have died intestate and the state of Florida will decide who your heirs are and which of them gets which portion of your assets and property.

Tips for reducing inheritance conflict

Estate planning can be a tricky process, and in many cases, not everyone is going to be pleased with how you decided to distribute your Florida estate. At the Law Offices of Frye & Vasquez, P.L., we understand the many ways in which estate planning and distributing your assets can lead to conflict among your loved ones, and we have helped many people involved in the estate planning process take strides to minimize associated stresses.

What is a holographic will?

Imagine driving home on a rainy night in Miami, and seeing a poor-looking man standing on the side of the road. You stop to assist him by taking him to nearby eatery to warm up and get some food. Before leaving, he claims to be a millionaire, and to repay your kindness, he uses a napkin to write out a will leaving his entire fortune to you. A few days later, news breaks of the death of a local business magnate who had become a recluse. You recognize the person as the man you helped. 

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.

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