by Larry Tolchinsky | Challenging Florida Will, Fraud, Intestacy, Probate Litigation, Undue Influence, Will Contests
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... by Larry Tolchinsky | Florida Personal Representative, Florida Probate Creditors, Probate Litigation
In Florida, when a person passes away the law leaving property or other assets, an estate is commonly opened to distribute the assets according to the decedent’s wishes or by the laws of intestacy. However, before any distribution of estate assets can be done... by Larry Tolchinsky | Florida Personal Representative, Florida Probate, Personal Representative Fees
In Florida, when a person passes away owning property within the state, that person leaves behind a “probate estate.” Florida law requires that someone be appointed the estate’s “personal representative” (in other states sometimes referred to as an executor,... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
So far in our Summer series on undue influence cases in Florida probate courts, we have discussed at length: how to identify when a family member or loved one may have been unduly influenced in executing their will; just how much influence is necessary to constitute... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
If a decedent’s children, parents, or siblings are seriously concerned that their family member was victimized and that otherwise they would have inherited his estate, then they may have a basis for filing a will contest on undue influence grounds. See, Watts v....