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Estates and Trusts

WHO NEEDS A WILL?

If you own property and you are concerned about who ultimately receives the property, then you need a will. Regardless of your age or financial standing, you should take charge of deciding who will one day enjoy the property that you have accumulated over your lifetime. A well planned will makes it possible to fulfill your personal wishes. These wishes include:

  • Distributing cash, investments, real estate, and personal property to family and other loved ones.
  • Reducing taxes and estate settlement costs
  • Making gifts to charities if that is your wish
  • Providing for who will be the caretaker of any of your minor children

SHOULD YOU AND YOUR SPOUSE HAVE WILLS?

Both husbands and wives share the same need for making wills, even if their property is held jointly.

SHOULD MY WILL BE REVIEWED PERIODICALLY?

estates and trustsYes. Your will should be reviewed from time to time with an attorney to reflect any changes in your life--such as marriages, births, deaths, personal goals. Tax law changes also prompt a review of your plans. As you have financial gains or losses, your will should also be reviewed to reflect such changes. If the change is minor, then the change can be accomplished by a codicil---which is an amendment to the existing will. Whenever the changes are more substantial, then there may be a necessity for a new will. Whenever you have any questions, contact Glass Law Group, either by using the internet site and leaving an email message, call us!

FLORIDA ESTATE ATTORNEYS

There are many times that disputes arise amongst family members, heirs, beneficiaries or charities. Death and inequality in estate distribution, can cause disputes and emotions to run wild. Sometimes, the inequality in the estate distribution is the very wish of the deceased. But other times, there can be inequality due to undue influence or fraud. Controversies can arise concerning the property owned by the deceased. Our attorneys try to work through resolutions if at all possible. If a fair resolution cannot be obtained, then litigation is necessary.

WILLS AND DISPUTES.

When you discuss your issues with our offices, you will be able to obtain an honest evaluation of the merits of your case. Many issues in a Will dispute revolve around fact information and fact gathering. Sometimes, additional investigation from an experienced attorney is necessary to establish whether a case exists.

Once the facts are gathered, our attorneys analyze the facts and reviews the Florida statutes and case law. Then, in consultation with our client, we assist the client in making an informed decision on how to proceed with the matter.

TRUST LITIGATION

There are occasions where the validity of a trust is challenged. This can occur if there is undue influence, lack of capacity, or for other reasons. Other litigation revolving trusts can include what the trust instrument actually means if the document is not clear or if there are ambiguities.

ESTATE LITIGATION

When a person dies, sometimes a lawsuit needs to be filed. This lawsuit could be filed on behalf of the decedent or the decedent's heirs. Sometimes, there will be a contest involving the Will or Trust. If there is no will, when there are assets involved, there may be litigation involving heirs, family members and beneficiaries. If there is litigation against a nursing home, automobile driver, or any other person or entity responsible for the death of an individual, it will be necessary to file a wrongful death lawsuit.

OTHER TYPES OF PROBATE LITIGATION

Probate litigation can include litigation over the proper use of a Power of Attorney, whether it is valid or can be attacked based upon improper execution, undue influence, or lack of capacity. Also a Power of Attorney can be attacked if it is used after a person dies, since once a person dies the Power of Attorney is no longer valid.

Litigation can also include real property disputes, such as where there is a contest about how or why a deed was obtained, or litigation can be used to correct either honest mistakes in execution and conveyance.

Lastly, litigation can be used to stop continuous stealing from a person, or to recover the damage done by someone who stole from an elderly person, or from that person’s intended beneficiaries

Contact Glass Law Group

Contact Glass Law Group

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