When someone creates an estate plan or trust document and names an executor or trustee, they expect that person to faithfully fulfill the obligations that role demands. But what if they abuse that responsibility? Can you sue an estate’s executor for a breach of fiduciary duty? What about a trustee? Depending on the circumstances, yes, you can. Suing an...
Contesting a will in Florida is a legal process that allows interested parties—those with a potential legal interest in some part of a deceased person’s (decedent’s) estate—to challenge a will’s validity. Common reasons someone may contest a will include concerns about the decedent’s mental capacity, undue influence, fraud, or improper execution. If successful, the court may invalidate the entire...
When someone dies, and their will seems inconsistent with their known intentions, loved ones and business partners may wonder what happened. If someone manipulated the deceased person (“decedent,” or, when they left behind a will, “testator”) undue influence may have occurred. Here, we explore how to prove undue influence, showing that the decedent’s decision-making was overpowered by someone they...
When you create a logo or branding materials for a client, it’s natural to want to keep some ownership over the work—it’s your creative baby, after all. But if the design is meant to be used by the client as a trademark (which it almost always is), holding onto those rights can create complications down the line. Most business...
Probate litigation disputes can arise when someone contests the estate administration process. They can delay estate settlement, increase costs, and create lasting family conflict. For business owners, probate litigation may also affect legal control over shares or ownership interests and access to crucial business assets. Understanding the common types of probate litigation and how to resolve them can help...
Navigating the complexities of estate administration can be daunting. This is especially true when the business assets of someone who passed are in multiple states. When dealing with a probate case for an out-of-state deceased decedent? who owned property in Florida, you will likely need to be part of a Florida ancillary probate to distribute the Florida property. BrewerLong’s...
Grief and business do not mix well, but you may have to deal with both matters after a loved one dies. Understanding Florida probate laws is essential for protecting the legacy of business owners and their affiliates. Our top-rated legal team at BrewerLong can provide clear, compassionate, and effective counsel to individuals who need help with probate and business...
Probate disputes can be stressful and confusing, especially involving family members or business partners. In Florida, these disputes happen when people disagree over a will, trust, or the handling of an estate. These conflicts can slow the probate process, create financial problems, and cause family tension. Knowing the steps to settle probate disputes in court can help you protect...
Part of undergoing the risk, work, and sacrifice of creating a business is hoping it is successful and endures past the owner’s lifetime. Business succession planning for business owners ensures a smooth transition of leadership and ownership, whether due to retirement, incapacity, or unforeseen circumstances. Without a clear succession plan in Florida, your business could face legal complications, financial...
Owning a business in Florida is more than a job—it’s an investment in your future and a legacy for your loved ones. But if your estate plan isn’t current, your business and personal assets could be at risk. Updating estate planning for business owners is essential to ensuring your wishes are honored, protecting your business, and taking care of...