Undue Influence Cases: Proving the Existence of a Confidential Relationship

| August 5, 2015

In cases of undue influence, it is alleged that someone (a tortfeasor) has taken advantage of someone else (a testator — one who executes a Will or other estate planning document) to get themselves written into the testator’s estate plan, potentially procuring tremendous sums of money, properties, and other items.  It is something that the testator […]

When Does Influence Become UNDUE and WRONG and The Basis for Voiding a Will?

| July 29, 2015

Your mother or father might be influenced in making their estate planning decisions by information that they get from their lawyer, or their CPA, or their friends. Your brothers or sisters may throw their two cents into the decision-making about how things should be be distributed after both parents pass away. Your elderly parent may […]

3 Signs that Mom or Dad Were Unduly Influenced in Executing Their Last Will and Testament

| July 22, 2015

After your mother or father passes away, it’s difficult enough to deal with your grief over their passing. Losing a parent is a life-altering event. For some, however, things get worse and the emotional burden becomes almost overwhelming when they learn about their parent’s Last Will and Testament. An unequal distribution of their parent’s property […]

Will Contests Based Upon Mistakes in Drafting the Will

| July 15, 2015

Usually, people hire lawyers to have their Last Will and Testament prepared and executed as a protection against errors in writing their Will and against anyone challenging their decisions about who should get what after they’ve passed. Parents know their kids: getting a Will written may mean a lot less squabbling when the time comes […]

Will Contests: Challenging a Florida Will to Get It Thrown Out

| July 8, 2015

When someone passes away, any property titled in their name immediately becomes part of their “estate.” An estate is a legal entity created under the law to help protect both real estate and personal property (things like jewelry, furniture, guns, etc.) as it is transferred to those who stand to inherit it. If the person […]

Challenging an Inheritance in Florida: Meeting the In Re Carpenter Factors in a Florida Will Contest

| May 12, 2015

Today, Florida Statute 733.107 has been passed to override part of the Florida Supreme Court’s decision back in 1971, when the famous (at least in legal circles) case came down: In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971).  The Florida Legislature can pass laws that block what the Highest Court in the State […]

What is a “No Contest Clause” in a Florida Will?

| September 9, 2014

In Florida, can you block someone from challenging your will with a No Contest clause?   In Florida, as in all other states, there are laws on the books that establish how your property will be distributed should you die without a will, or if you die without a valid one. So, the smart thing […]

Diminished Capacity To Write A Florida Will – How Do Lawyers Help Protect Your Wishes?

| August 12, 2014

Florida is a wonderful place to spend your retirement. It’s no surprise that so many people come here to spend their golden years, and here in the Miami and Broward County areas we see lots of seniors who are enjoying an active and full life here in the Sunshine State. Florida probate lawyers help seniors […]

Florida Personal Representatives Acting Badly; Suing the Past P.R. (and Her Lawyer) for Malpractice

| July 8, 2014

When a loved one dies in Florida, the law immediately creates an “estate” to hold that person’s real estate and personal property until the assets can be legally determined, which are then transferred to the person who inherits it. An executor (in Florida, the person appointed by the Probate Court is known as personal representative […]

Florida Inheritance: If You Didn’t Inherit Under the Will, Can You Sue the Lawyer Who Wrote It? Maybe.

| April 8, 2014

Last month, we posted about what happens here in Florida when someone believes that they are going to inherit something, money – property – jewelry – heirlooms, and then learns that the Will states otherwise.  In some situations, Florida law grants heirs or beneficiaries with the right to sue the person (or persons) that they […]