What Should You Expect From the Probate Process?

Planning for what happens to your assets after you are gone is about more than simply deciding who receives your property. Many parents and grandparents want to make sure their children, grandchildren, or other young beneficiaries receive meaningful support while also having the guidance and protection they need to make responsible financial decisions. Planning for what happens to your assets after you are gone is about more than simply deciding who receives your property. Many parents and grandparents want to make sure their children, grandchildren, or other young beneficiaries receive meaningful support while also having the guidance and protection they need to make responsible financial decisions. At Elizabeth Devolder, we help families throughout Tampa, Sarasota, and Central Florida create personalized estate plans designed around their unique goals. If you have questions about protecting a young beneficiary through a trust or other estate planning tool, call 813-379-9839 or contact us to schedule a consultation. more Why Should You Avoid Leaving Assets Directly to a Young Beneficiary? Many people assume that leaving money directly to a child or young family member is the simplest option. However, a direct inheritance can create challenges that may not align with your wishes. A minor child generally cannot legally manage inherited assets on their own. If a child receives property or money directly, the court may need to appoint someone to manage those assets through a guardianship proceeding. This process can: Create additional legal expenses Delay access to inherited assets Require court oversight Place decisions about the inheritance outside your direct control Even after a child reaches adulthood, receiving a large inheritance all at once may create unexpected challenges. An 18-year-old or young adult may not have the financial experience or maturity needed to manage a significant amount of money without guidance. A thoughtful estate plan allows you to decide how your assets are managed and distributed rather than leaving those decisions entirely to the court system. How Can a Trust Protect a Young Beneficiary’s Future? One of the most effective ways to provide long-term support for children or young beneficiaries is through a trust. A trust is a legal arrangement that allows you to name someone you trust to manage assets according to your instructions. This person, known as a trustee, has a responsibility to manage and distribute the trust assets based on the rules you establish. Through a trust, you can decide: Who manages the assets How money can be used When beneficiaries receive distributions Whether funds are provided gradually or at specific milestones For example, you may choose for a beneficiary to receive portions of their inheritance at certain ages, such as 25, 30, or 35, rather than receiving everything immediately. A trust can also allow funds to be used for important needs, including: Education expenses Medical care Housing assistance Transportation Other needs you identify in your estate plan Learn more about creating a trust that protects your family's future through Elizabeth Devolder’s trust administration resources. If you are unsure whether a trust is the right option for your family, call 813-379-9839 or contact us to discuss your goals. Special Needs Trusts for Young Beneficiaries With Disabilities Families with a child or young relative who has a disability may need additional planning considerations. A special needs trust can provide financial support while helping protect eligibility for certain government benefits, including programs such as Supplemental Security Income (SSI) and Medicaid. A properly designed special needs trust may allow funds to be used for expenses such as: Medical care Therapy Education Transportation Personal assistance Quality-of-life improvements Because special needs planning can involve complex rules, families should carefully consider how assets are structured. Elizabeth Devolder helps families understand their options and create plans designed around the long-term needs of their loved ones. You can learn more about these planning options by reviewing resources about estate planning and speaking with our office at 813-379-9839. Choosing the Right Person to Manage Your Child’s Inheritance Selecting the right trustee is one of the most important decisions when creating a trust for a young beneficiary. The trustee should be someone who: Understands your values Can manage financial responsibilities Will make decisions based on the beneficiary’s best interests Is trustworthy and dependable Some families choose a relative, while others select a professional trustee depending on the complexity of the estate. It is also important to name a backup trustee in case your first choice is unable to serve. A carefully selected trustee helps ensure your wishes continue to guide your beneficiary’s financial future. Review and Update Your Estate Plan as Your Family Changes Creating an estate plan is an important first step, but keeping it updated is just as important. Your plan should be reviewed after major life events, including: Births or adoptions Deaths in the family Marriage or divorce Changes in financial circumstances Moving to a new state Changes in your beneficiaries’ needs Your estate planning documents should continue to reflect your current wishes and your family’s circumstances. Elizabeth Devolder helps families throughout Tampa and Sarasota review and update their plans so their documents continue working as intended. To learn more about our practice and how we help families plan for the future, call 813-379-9839. How Estate Planning Helps Protect the People You Love The purpose of estate planning is not just transferring assets. It is about creating security, stability, and confidence for the people who matter most. With the right planning, you can: Protect young beneficiaries Provide financial guidance Reduce unnecessary court involvement Preserve your wishes Create a lasting legacy for your family Whether you are creating your first estate plan or updating an existing plan, Elizabeth Devolder can help you understand your options and choose strategies designed around your family's needs. Frequently Asked Questions About Trusts for Young Beneficiaries Can I leave money to my child without giving them full control immediately? Yes. A trust allows you to provide financial support while controlling when and how assets are distributed. You can establish rules that provide support while your child develops financial maturity. What happens if a minor inherits money in Florida? When a minor inherits assets, the court may need to appoint someone to manage those assets until the child reaches legal adulthood. This process may involve additional costs, delays, and court oversight. What type of trust is best for a young beneficiary? The appropriate trust depends on your family’s goals, the beneficiary’s age, financial situation, and specific needs. A qualified estate planning attorney can help determine the best approach. Can a trust protect a child with special needs? Yes. A properly structured special needs trust may provide financial support while helping protect eligibility for certain government benefits. How often should I update my estate plan? Most estate plans should be reviewed after major life changes and periodically to ensure documents continue reflecting your wishes. Create a Plan That Protects Your Family’s Future Your children and loved ones deserve more than an inheritance — they deserve a plan designed to support them for years to come. At Elizabeth Devolder, we help Tampa and Sarasota families create thoughtful estate plans that protect beneficiaries, preserve assets, and provide peace of mind for the future. To discuss your options for creating a trust or protecting a young beneficiary, call 813-379-9839 or contact us today to schedule a consultation.

When a loved one passes away, families hope the estate administration process will move forward without unnecessary complications. Unfortunately, disputes sometimes arise during probate, leading to delays, increased legal expenses, and strained family relationships. Whether a disagreement involves the validity of a will, the actions of a personal representative, or the distribution of assets, contested probate matters require careful legal guidance. At The Law Office of Elizabeth Devolder, we help individuals and families throughout Tampa, FL, navigate complex probate disputes while also assisting clients with proactive estate planning and probate avoidance strategies designed to minimize the likelihood of future litigation. If you have questions about a contested estate, call 813-379-9839 or contact our office to discuss your situation. more When Can Probate Become Contested? After someone dies, their estate may need to pass through the Florida probate process if assets were not transferred through other legal means. The court oversees the administration of the estate, validates the will when one exists, appoints a personal representative (formerly known as an executor), and ensures debts are paid before assets are distributed to beneficiaries. While many estates proceed without conflict, disputes can arise at various stages of the probate process. Interested parties may question the validity of the will, challenge the actions of the personal representative, or raise concerns about how the estate is being managed. Florida law provides legal procedures for resolving these disputes, and each case depends on its own facts, evidence, and applicable statutes. Common Reasons Probate Is Contested Several issues commonly lead to contested probate proceedings in Florida. Lack of Testamentary Capacity One of the most common challenges involves allegations that the person creating the will did not have the mental capacity to understand: The nature of creating a will The assets they owned The people who would naturally inherit from their estate The effect of the decisions being made Medical records, witness testimony, and other evidence may become important when capacity is questioned. Undue Influence Another frequent claim is that someone improperly influenced the deceased into changing their estate plan. Examples may include situations where: A caregiver isolated the individual from family members. Someone pressured the person into changing beneficiaries. A trusted individual manipulated an elderly or vulnerable adult for financial gain. These cases often require extensive factual investigation. Fraud or Forgery A will may also be challenged if there are allegations that: The signature was forged. The document was altered. The deceased was deceived into signing documents they did not understand. Courts examine evidence carefully before determining whether these claims are valid. Improper Execution Florida law establishes legal requirements for creating a valid will. If those legal formalities were not followed, the will could be subject to challenge during probate. Disputes Involving the Personal Representative Not every contested probate matter focuses on the will itself. Sometimes the dispute centers on the personal representative responsible for administering the estate. Interested parties may raise concerns if they believe the personal representative has: Failed to properly manage estate assets Delayed administration without justification Failed to communicate with beneficiaries Mismanaged estate funds Breached fiduciary duties owed to the estate Depending on the circumstances, Florida courts may review the representative's actions and determine whether further action is necessary. Who Can Contest Probate in Florida? Only individuals or entities with a legal interest in the estate generally have standing to challenge a probate matter. This may include: Beneficiaries named in the will Individuals who would inherit under Florida intestate succession laws Beneficiaries under a prior will Creditors with valid claims against the estate Other parties whose legal rights are directly affected Simply disagreeing with the terms of a will is generally not enough to support a successful legal challenge. The party contesting the estate must present legally recognized grounds supported by evidence. How Probate Litigation Can Affect an Estate When probate becomes contested, the administration process often takes considerably longer than an uncontested estate. Potential consequences include: Delays in distributing inheritances Additional court proceedings Increased legal costs Family conflict Extended administration of estate assets Resolving disputes as efficiently as possible often helps preserve estate assets and reduce unnecessary stress for everyone involved. Can Probate Disputes Be Prevented? Many estate disputes can be reduced—or avoided altogether—with thoughtful estate planning and effective probate avoidance strategies. Depending on your goals, planning options may include: Properly drafted wills Revocable living trusts Beneficiary designations Joint ownership arrangements Durable powers of attorney Healthcare directives While no estate plan can eliminate every potential dispute, comprehensive planning often reduces uncertainty and provides clearer guidance for loved ones. Work With a Tampa Probate Attorney Whether you are facing a contested probate matter, have concerns about the administration of an estate, or want to explore probate avoidance options, experienced legal guidance can help you understand your rights and available options. The Law Office of Elizabeth Devolder assists clients throughout Tampa, Hillsborough County, and the surrounding communities with probate administration, estate planning, and contested estate matters. If you need trusted legal guidance, call 813-379-9839 or contact The Law Office of Elizabeth Devolder to schedule a consultation and discuss your probate or estate planning concerns.

International students at the University of South Florida should complete basic estate planning documents before arriving in the United States because U.S. law treats students aged 18 and older as legal adults. This means parents do not automatically have access to medical, financial, or legal information without written authorization such as a medical power of attorney, HIPAA release, and financial power of attorney. At the Law Office of Elizabeth Devolder in Tampa, Florida, we help families prepare these documents in advance so parents can step in during emergencies and students are fully protected while studying at USF. more A Critical Moment for USF International Students Arriving in July and August If your child is preparing to attend the University of South Florida, or you are an international student preparing to begin your studies in Tampa, you are likely focused on travel, housing, orientation, and academics. But there is one critical area most families overlook until it is too late: Legal authority and emergency decision-making in the United States. This becomes especially important during the July–August arrival period, when thousands of international students are entering the country without legal protections in place. At the Law Office of Elizabeth Devolder, we help families prepare in advance so they are not caught off guard during a medical, financial, or personal emergency. If you have questions about estate planning and how can we help you, you can Contact our office or reach us directly at 813-379-9839 to learn more about our Estate Planning Services. Why International Students at USF Face Unique Legal Risks International students studying at the University of South Florida enter a legal system that operates very differently from most countries. Even responsible, well-prepared students often do not realize that: 1. Parents lose automatic legal authority at age 18 Once a student turns 18 in the U.S.: Parents cannot access medical records Parents cannot make healthcare decisions Parents cannot access financial accounts or leases 2. Medical emergencies require legal authorization Hospitals may legally refuse to share information unless documents are in place. 3. Financial and housing issues require legal access Banks, landlords, and institutions will not communicate with family members without authorization. 4. Most students do NOT have estate planning documents This includes: Medical Power of Attorney HIPAA Authorization Financial Power of Attorney Basic Will Without legal planning, families may be unable to help their child during the most critical moments. Does the University of South Florida Provide Legal Help? The University of South Florida offers student support services and general legal aid resources. However, families should understand the limitation: University legal aid is designed for basic student issues It is not focused on estate planning or emergency legal authority University counsel represents the university, not individual students or families This is not a weakness of USF, it is standard across most universities. That is why many families choose the law office of Elizabeth Devolder for legal planning services, as they know they will have an attorney who can create personalized emergency protection documents. What Estate Planning Actually Does for USF Students Estate planning for students is not about wealth. It is about access, protection, and emergency authority. At the Law Office of Elizabeth Devolder, we help families prepare clear, simple documents such as: Medical Power of Attorney Allows a parent or trusted person to make healthcare decisions if the student cannot. HIPAA Authorization Allows doctors to legally share medical information with family members. Financial Power of Attorney Allows limited authority for urgent financial or administrative matters. Basic Will (if needed) Clarifies personal wishes regarding belongings and digital assets. Emergency Instructions for Families Ensures parents know exactly what to do during a crisis. If you are unsure where to start, we encourage you to reach out today through our Contact Page Or call us directly at 813-379-9839. Why Timing Matters Right Now This is one of the most important timing windows of the year. Most USF international students are currently: Booking flights Finalizing housing Completing visa requirements Preparing for orientation This is the last practical window to complete legal documents before students arrive. Once classes begin, families are often too busy—and delays can create risk. Don’t delay this important step, contact us today to learn more about how The Law Office Of Elizabeth Devolder can help you, reach out through our Contact Page or call us at 813-379-9839 for more information. Why Families Choose the Law Office of Elizabeth Devolder Families choose our firm because they want: Clear guidance without legal confusion Simple, practical documents A calm and supportive experience Protection that actually works in real emergencies We do not overcomplicate the process. We focus on what truly matters: making sure your family is protected. Protect Your Child’s Legal Rights Before They Arrive in the United States If your child is preparing to attend the University of South Florida, now is the most important time to make sure the proper legal documents are in place before they begin their life in the United States. Without the right estate planning documents, parents may face delays or restrictions in accessing medical information or assisting their student during an emergency. At the Law Office of Elizabeth DeVolder, we help families take simple, proactive steps to ensure their student is protected from day one. If you are unsure what you need, Call now at 813-379-9839 or fill out our contact form,  we are here to guide you step by step and make the process clear, simple, and stress-free. FAQ’s About Student Estate Planning “Do international students at USF need legal documents?” Yes. Students should have medical and financial authorization documents to allow parents to help during emergencies. “Can parents access medical information for USF students?” Not automatically. Legal documents are required once a student turns 18. “What legal documents do international students need in Florida?” Typically: medical power of attorney, HIPAA authorization, and financial power of attorney. “Does USF provide estate planning for students?” No. University services are limited and do not replace private legal planning.