Is The Probate Court Always Involved When Someone Dies?

When someone dies, the probate court will be involved in some circumstances, but it is not always required to be involved. The probate court becomes involved when a deceased person passes away with an asset solely in his or her name without a joint owner, a beneficiary, or that asset being in a trust. When this happens, there are probate laws that determine who the asset goes to and who the proper owner of that asset is. If there is an estate dispute, then a probate proceeding is going to be necessary to process and resolve that dispute. In some cases, it can also be resolved in civil court, but usually, the probate court is required to resolve estate-related disputes. It is not always necessary in order to settle someone’s affairs at death.

What Are Non-Probate Assets?

Non-probate assets are assets that are titled in joint ownership with rights of survivorship, titled with a beneficiary designation, held in a trust, or held with a life estate. Non-probate assets pass to a new owner outside of a probate court proceeding declaring who the proper owner is. It is an operation of contract, real estate, or trust law to determine the proper owner at death rather than a function of probate law.

What Kinds Of Gifts Can Be Disputed?

The kind of gift that can be disputed is one that is made under questionable circumstances during someone’s life. If a person is 48 years old, perfectly healthy, and wants to give his son $20,000 for college, that will not be a subject to dispute. The kinds of gifts that are disputed are ones that raise some sort of suspicion that the person giving the gift is being manipulated. It is not a gift if you are being forced to give money, if someone is lying to you about the reason for the gift, or if you do not know who you are or what you are doing with your money. Disputed gifts are the ones that are made under circumstances where the person giving the gift does not have complete intent to give it away without the influence of outside forces.

Who is Able To Contest A Will Or An Estate?

The people who are able to dispute a will, trust, or estate depends on the situation. In most cases, a person’s natural heirs are primary candidates to dispute an estate. The natural heirs would be the children or grandchildren of the person who died. However, the person disputing would need to have a legal interest in the property or in the estate, subject to the default Florida law for the intestate estate. To dispute a trust, you have to be named in the trust as a beneficiary in some form. If you are not named in the trust, you do not have access to information or the right to distribution. You are not even given a right to access the trust. You are only able to dispute if, but for the existence of the trust, you would be entitled to a share. Being able to dispute a trust depends on whether or not you have the rights to benefit from the estate.

What Are The Warning Signs Of When To File A Probate Contest Or Will Lawsuit?

The main warning signs that someone is going to file a probate contest or will lawsuit are that the person has the financial means to hire an attorney and the neediness of feeling like he or she is entitled to something from the estate. If someone does not have the money to hire an attorney, they may not be likely to challenge an estate because, in many cases, estate lawsuits do not grant entitlement to attorney fees. Most attorneys will require a large retainer in order to begin an estate dispute proceeding.

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