Challenging A Forged Last Will And Testament: Handwriting Experts Vs Eyewitnesses in Will Contests

| October 21, 2015

It should go without saying, but a Last Will and Testament has to be signed by the person making the will in order for the will to be effective — an unsigned will isn’t valid in Florida. In fact, Florida Statute 732.502 requires the following for a will to be valid here: Execution of wills.—Every […]

Sale of Estate Assets by Personal Representative

| October 7, 2015

Here in Florida, the job of overseeing the distribution of someone’s property to their heirs after they have passed away is undertaken by a person appointed by the Probate Court to be the “Personal Representative” of the decedent’s estate (which many may recognize as the role of an “executor” or “administrator,” as they are referred […]

What Happens When A Will Has Been Destroyed?

| September 30, 2015

A will contest is a lawsuit that happens when a beneficiary challenges a Last Will and Testament that has been presented to the probate court for the purpose of administrating a decedent’s estate. Essentially, one will has been offered for probate, and another party contends that the will offered is not valid or otherwise should not […]

Undue Influence Revealed By Helping Drafting or Execution of the Will: The Grandmother’s Birthday Party Will

| August 26, 2015

When a loved one passes away and their Last Will and Testament is entered into probate, the grieving family members sometimes know in advance who stands to inherit from the estate. Parents, for example, generally share their estate planning directives and decisions with their children. Brothers and sisters are aware of arrangements, such as how […]

Does Affection and Close Attachment Equal Undue Influence? The Caretaker vs the Cousins

| August 19, 2015

Under Florida law, there are protections in place to keep people with bad intentions from manipulating someone into devising or gifting all or a portion of their estate to the bad actor. If someone’s Last Will And Testament is proven to have been hijacked by “undue influence” then that Will can be voided by a Florida […]

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 […]

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 […]

My Sibling And I Can Never Agree On Anything: How Can I Get My Family Member Removed As Personal Representative Of Mom’s or Dad’s Estate?

| May 20, 2015

When a mother or father does their estate planning and drafts their Last Will and Testament (along with Trusts, etc.), its understandable that when they think of the person they trust the most to deal with distributing their property after their passing, that mom or dad will consider their children first. After all, who better […]