Cape Coral Legal Blog

Florida law has many rules in place for managing probate and estate issues. Generally speaking, if the family members of someone who dies don't agree with the terms of the last will or estate plan, the family can challenge the plan in probate court. The courts will also handle arrangements for those who die without a valid last will or estate plan on record.

In some cases, the courts find themselves in the uncomfortable position of helping one individual whose rights wind up violated through the administration of an estate or the terms included in a last will. Many times, it is a spouse who has to worry about whether the terms of the last will violate their legal rights under Florida state law.

If you have been left in charge of a loved one’s estate following his or her death, you may feel overwhelmed at the prospect of a drawn-out probate process. We at Burandt Adamski Feichthaler & Sanchez PLLC are familiar with the state of Florida’s probate laws, and we have helped many clients navigate the efficient administration of their loved one’s estates, so they can focus on grieving and moving forward.

Probate is the court-supervised transference of your loved one’s assets to those who are entitled to them. This includes his or her creditors and beneficiaries. While this process is important for passing on ownership of an estate’s assets and settling any final debts, there are alternative options to going through this formal process, which can take several months or more to finalize.

Business lawsuits can spell disaster for any company, regardless of the industry or the size of the business. Moreover, these lawsuits can be especially challenging for recently-formed businesses for a variety of reasons. If you recently launched a business and are facing a lawsuit, it is imperative to understand all of the options you have and take every measure to prevent litigation from destroying what you have worked so hard to set up. Unfortunately, the consequences of litigation have been so severe in some instances that business owners have had to shut their doors following legal action.

Lawsuits arise for countless reasons. Perhaps you are being taken to court by one of your competitors over claims that have been fabricated or exaggerated. Or, maybe a recently-hired staff member has decided to move ahead with a lawsuit over some type of employee rights violation. Regardless of the reason for litigation, the ramifications can be severe and may impact your business in multiple ways.

After a loved one passes on, various challenges surrounding their estate may arise, which can make daily life especially tough for those who are already struggling with the loss of someone they love dearly. Sadly, probate disputes are not uncommon and they can wreak havoc on an entire family. These disputes surface for various reasons, but some disputes are centered around a beneficiary not receiving assets that they were entitled to. If you believe that your rightful inheritance was kept from you, it is pivotal to examine all of the legal options you may have.

Unfortunately, many beneficiaries have had their rights violated during the probate process, often at the hands of another relative. For example, a beneficiary's brother or sister may be in charge of managing an estate, and they may intentionally withhold assets. Or, someone who was married to a loved one that passed away may purposely ignore their responsibilities and fail to distribute assets properly. This can be an incredibly confusing and emotional time for those whose rights as a beneficiary have been violated, and people subjected to this mistreatment should not remain silent.