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 […]

Can a Trust Be Created By a Florida Judge to Remedy Wrongdoing Related to a Decedent’s Property?

| May 6, 2014

Ask most people what a “trust” is all about, legally-speaking, and they’ll probably describe some form of estate planning tool that goes along with a Last Will and Testament and/or a Life Insurance Policy. This answer isn’t wrong: lawyers draft trust documents all the time, where property is placed into “trust” for loved ones (”beneficiaries”). […]

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 […]

Tortious Interference With An Inheritance or Expectancy — Can You Sue When You Fail to Inherit Under a Florida Will?

| March 11, 2014

In Florida, unlike some other states, there is case precedent on the books (court opinions) which establishes the legal right for someone to sue and win a claim that their expected inheritance was illegally interfered with by the defendant, despite the language of the probate documents and the fact that they did not inherit under […]

Deathbed Marriages in Florida: Why This is a Recipe For An Undue Influence and Will Contest Claim Against the Surviving Spouse

| November 21, 2013

Quick marriages or secret weddings close to someone’s death, particularly when they are of a certain age, aren’t just the stuff of murder mysteries — they happen more often than many people realize; so much so, in fact, that the Florida Legislature actually addressed the issue a few years ago and passed a special law […]

What is a “Sound Mind” in Florida? Will Contests and the Need for Testmentary Capacity in Florida to Have a Valid Florida Will

| October 24, 2013

  The Florida Legislature provides the following law as a guide for everyone who is making a Last Will and Testament here in the State of Florida; according to Florida Statute 732.501: Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make […]

Florida Will Unfair or Wrong? Challenging a Will in Florida – Who Can Contest a Will and Why (Bases for Florida Will Contests) and When (Deadline)

| September 26, 2013

Last Update: 11/27/15 Florida’s sunny climate and beautiful coastlines have invited many retirees here over the years. People come to live out their lives in our beautiful state, with extended family living all over the country. As a result, when these folk pass away, Florida courts are often the battlefield over many different kinds of […]