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 […]

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 […]

Removal of a Florida Personal Representative: Party Named in the Will vs The Party Appointed by The Court

| 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 […]

Removing a Florida Personal Representative for Making Bad Decisions & Costing the Estate Money

| 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 […]

Removing a Florida Personal Representative Because They Are Incapacitated

| 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 […]

Can Personal Representatives of Florida Estates Be Held Liable For The Damages They Cause?

| 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 […]

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 […]