Like many people, you might make plans for your future. Those plans should include a will and estate plan that lets you put your financial and familial affairs into the order you prefer. On your own, drawing up these important documents can be complicated, stressful, and emotional. In addition, many circumstances can send your family to probate court, leading to the state, not you, deciding on the distribution of your assets.
Our Daytona probate litigation lawyer at Bogin, Munns & Munns can help you navigate the complexities of estate planning and ensure you meet the legal requirements that let your family avoid probate court. If probate litigation cannot be avoided after losing someone you love, our law firm can help you navigate a contested or unclear will involving multiple marriages, minor children, or ambiguous language.
Legal Complications That Might Require Probation Litigation
In some situations, probate court is simply unavoidable. When that happens, our estate planning lawyers can help you throughout the probate process. Our probate litigation lawyer will help your family with probate litigation if a loved one passed away without a will. Some situations and circumstances that might lead to probation litigation include:
- Contesting a seemingly valid will
- Contesting the guardianship of minor children
- Contesting the guardianship of disabled adult children
- Drafting your will or estate plan
- Changing or modifying an existing will or estate plan
Rather than try to make these life-altering decisions on your own, our legal team can help you achieve your preferred outcome. Probation litigation court does not have to overwhelm you. We can help you settle your affairs now to avoid family discord and disharmony later.
What Part of a Will Can Be Contested in Daytona?
According to Florida Statutes § 732.518, a will cannot be contested while its testator (the person who is making the will) is still living. After the testator’s demise, a will can be contested if:
- You believe the will was created while the testator was under duress
- You believe the testator was under the influence when they signed the will
- You believe the will was signed fraudulently, and the testator was victimized
The loss of someone you love is a stressful and emotional time. We can help make this challenging time easier by explaining each step along the way and fighting to ensure your desired outcome.
If the probation court agrees that the will is invalid for any reason, it will be discarded. A previous will might be used, or the probate court may decide how the will’s assets and property are distributed. If the will is upheld, its preferences will be carried out. In some cases, only certain parts of the will might be upheld.
Assets That Can Be Probated When There Is No Will or a Contested Will
The probate process transfers your assets to your heirs and beneficiaries. It is a necessary part of finalizing financial affairs upon demise. It can also ensure creditors are paid from the testator’s assets. Per Florida Courts guidelines, probate litigation can include making decisions for the final disposition of the following probate assets:
- A solo bank account
- A life insurance policy
- An annuity
- An IRA (individual retirement account)
- Single-owner real estate
- Real estate titled solely in the testator’s
This listing is not exhaustive, and you or a departed loved one may have assets that are not included here. Those assets might still be subject to probation litigation, so the best way to ensure your assets go where you want them to go is by working with an estate planning lawyer.
To consult with an experienced lawyer serving Daytona Beach, call 855-686-6752
We Can Help Your Family Avoid the Headache of Probation Court
Sorting out your assets, deciding how to dispose of them, and planning an estate can be time-consuming and challenging. While your family copes with the grief process, our team can handle the probate process for you. We can also help you prepare the range of required documents that make probate litigation unnecessary.
To ensure your affairs are in order and your preferences are honored in Daytona, our probate litigation lawyer at Bogin, Munns & Munns will help your family with probate litigation if a loved one passed away without a will. We will also help you prepare a will that:
- Names an executor of your choosing
- Defines how your property is distributed
- Names guardians for your minor children
- Makes provisions for disabled adult children
- Assigns trustees to trusted positions
When the probate court decides how to distribute your assets, the process can take between six months and a year. We can help you avoid that frustrating delay. We will also ensure your will is comprehensive, complete, and legally binding.
Create Your Comprehensive Estate Plan
A carefully created and duly recorded will is the start of an estate plan, but only the start. Our team can help you create the other items your estate plan needs. A comprehensive estate plan will contain a range of documents, including:
- A durable power of attorney that allows someone you choose to make financial decisions when you can no longer do so
- A living will that denotes your decisions for end-of-life care and resuscitative measures
- A health care directive that allows a designee to make medical choices when you can no longer do so
Your estate plan can also include a living trust and appropriate powers of attorney. This collection of documents is your decision on paper. They represent your final wishes and can ensure your family knows what you wanted and can respect it. Making these decisions and designations now can help your family avoid the expense and hassle of the probate court process.
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Consult Our Wills and Estate Planning Team
Are you preparing to challenge a will in Daytona that you believe to be invalid? If you are, our estate planning team can help. If you are ready to create your own will or estate plan, our probate litigation lawyer can help. Get started by contacting one of our Bogin, Munns & Munns wills, trusts, and probate team by calling today.