Why does probate get such a bad rap?
Why does probate get such a bad rap?
Nothing. It is a fairly simple and logical process. Probate gets its bad reputation from the professional fees that are charged. The executor or administrator and any professionals, such as attorneys and accountants, who are engaged to assist with the estate settlement process are to be compensated.
How does probate affect a civil lawsuit in Florida?
Civil litigators may think that the Florida Probate Code has nothing to do with their civil lawsuits, but when a party dies during the litigation, the probate statutes can greatly impact a civil case. Picture this: the lawsuit has been filed and served. The defendant has answered.
Why are there so many horror stories about probate?
High fees are the source of most of the horror stories one hears about probate. The procedure itself is not expensive; it is the professional fees charged that are sometimes excessive. The answer to this is to be an educated consumer.
Why does a will get a bad rap?
the decedent was under undue influence at the time he/she signed the will. For example, someone was pressuring and pushing them into a decision, and the decedent was susceptible to the influence. the will was improperly executed. For example, a will may not have enough witnesses, or the witnesses may be disqualified persons.
Nothing. It is a fairly simple and logical process. Probate gets its bad reputation from the professional fees that are charged. The executor or administrator and any professionals, such as attorneys and accountants, who are engaged to assist with the estate settlement process are to be compensated.
Can a court draw adverse inferences in pleading the fifth?
That is to say, an opposing party can’t simply point to the silence and claim victory in their civil case, but a court is entitled to draw adverse inferences against the party that “pleads the Fifth.” (Justice Brandeis said: “Silence is often evidence of the most persuasive character.” United States ex rel. Bilokumsky v. Tod, 263 U.S. 149 (1923)).
High fees are the source of most of the horror stories one hears about probate. The procedure itself is not expensive; it is the professional fees charged that are sometimes excessive. The answer to this is to be an educated consumer.
What happens if you can’t post bail?
If the court determines the defendant is financially unable to post bail, the court might reduce the bail amount, release the defendant O.R., or in some states, allow alternatives to paying bail (such as community service). In recent years, there’s been a movement to eliminate cash bail—based on the argument that inequities exist in the system.