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Wills Archives

Carrying out the probate process can prove complex

In the event of the death of a family member, many financial considerations need to be made.  This can include notifying the Social Security Administration, contacting employers, locating information regarding life and health insurance policies, obtaining death certificates and making an inventory of assets.  However, one of the first actions that a family member should take is to locate the will of the deceased individual.

Do not overlook your IRA in the estate planning process

It is never too early to set up estate protection for your family. While you hope that you will live to a great age, nothing is certain in life. Therefore it is important to make sure that provisions are in place to provide for those you love. Wills, trusts and other legal tools enable you to make your wishes known regarding the distribution of property to your heirs.

Woman sues half sister for control of father's estate

Readers in Miami are likely aware of the importance of writing a will and limiting the changes that are made to it. There are times when people may want, or need, to update their wills at a later date, but if there is any question as to whether they are of sound mind when they do so, it could result in those changes being thrown out in favor of a previous version.

Man fighting to get back property of wife who died without a will

While many readers in Miami-Dade, as well as in other localities, have likely heard of the importance of creating an estate plan, some may have the misconception that estate planning is only necessary for those who will leave behind significant assets or properties when they pass away. For those who die without wills, it not only leaves the distribution of property and assets up to the state, it also can lead to other unexpected probate issues and litigation.

Woman sues uncle, claims he made grandfather cut her from will

For people in Miami-Dade, as well as throughout the country, a will is a way to legally establish how they want their affairs to be handled after their death. Occasionally, however, beneficiaries, or those who are for one reason or another no longer heirs, may question the validity of a loved one’s will, which can result in lengthy and costly litigation.

Appeals court upholds ruling on validity of elderly woman's wills

Depending on when a person creates their estate plan and writes their last will and testament, there may come a time when they have to make a revision. While people in Miami-Dade, and throughout the U.S., are permitted to make modifications to these types of legal documents, it can lead to problems after their death for their intended heirs, and for those who feel they should have been included.

Ongoing will contest over estate of heiress

After the death of a Miami person with a sizable estate, even if there was a will in place, family members and others may disagree with the distribution of assets outlined in the document. One reason cited, when wills are contested, is the competency level of the deceased at the time the will was created. If family members believe the person was incapacitated by age, sickness or mental illness, the validly of the will may be questioned and taken to court.

Other options exist to avoid a will contest

The unfortunate truth of estate planning is that sometimes it can get nasty. If wills aren’t drawn out clearly, those who feel entitled to a share of the inheritance can start a dispute that could tie the estate up in probate for years. Florida residents wanting to spare their heirs this headache, as well as make sure their wishes are respected, have other options that could keep this worst case scenario from happening.

Your heirs should also know about plans for your pets

If you’re like most pet owners in America, your pets are your family members. And like any of your other beloved family members, you’d want your pets to be taken care of after your death. As we discussed a few weeks ago, setting up a trust for your furry family members can greatly benefit your pets and those you’ve entrusted to their care. It’s also important to include your pets in your will, so your heirs or someone else you want to care for them won’t have any problems following through with your wishes.

Living wills and directives can give family peace of mind

It’s understandable that people might want to put off writing their wills or drafting an advanced directive. The idea of being put in the position of having someone else make your medical decisions can be scary. It can also be uncomfortable to think about leaving your loved ones with the burden and heartbreak of dealing with your affairs, so it’s easier to say you’ll do it later. But it’s important for Florida residents, especially those nearing retirement age, to create their living wills in order to make a difficult medical situation easier for loved ones.

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... - Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent's estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings… - Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)… - Mark S
  • I've been a client of Austin Frye's for over 10 years. In that time, he's handled my estate/trust planning and asset protection as well as complicated business deals. - Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son's future well-being. - Dr. Howard
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