Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | July 1, 2015
In the state of Florida, your last wishes as documented in your Last Will and Testament are given great respect and honor under Florida law. Both in Florida statutes passed by the Florida Legislature as well as Florida case law coming from court opinions, the decedent’s decisions and declarations are respected whenever possible. This is […]
Larry Tolchinsky | June 24, 2015
As we’ve already covered in our series on removal of Florida Personal Representatives, it doesn’t matter if the beneficiaries of a Florida probate estate don’t like the person who is appointed to oversee the estate’s administration. Under Florida law, the “personal representative”, the person or persons who are appointed by a probate Judge to fulfill […]
Larry Tolchinsky | June 10, 2015
As we recently discussed, under Florida law, there are a dozen reasons for removing a personal representative (See Florida Statute 733.504). Included among this statutory list of causes for removal, is removing the personal representative because they have been “adjudicated to be incapacitated.” What does adjudicated mean and how do you know if a personal […]
Larry Tolchinsky | May 27, 2015
Florida probate law protects both the personal property and real estate holdings of anyone who passes away in the State of Florida by immediately creating a legal “estate.” The estate acts as legal owner of all that property immediately upon the individual’s passing, and until another legal action (such as a probate judge’s ruling or […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]