by Larry Tolchinsky | Challenging Florida Will, Florida Personal Representative, Florida Probate, Florida Probate Creditors, Personal Representative Attorney Fees, Personal Representative Fees
When a loved one dies in Florida, the law immediately creates an “estate” to hold that person’s real estate and personal property until the assets can be legally determined, which are then transferred to the person who inherits it. An executor (in Florida, the person... by Larry Tolchinsky | Probate Litigation, Testamentary Capacity, Undue Influence
In Florida, a constructive trust is a legal remedy that judges use to help people who have been harmed in all sorts of situations, including in probate controversies, divorce cases and with business torts like tortious interference with a business relationship. Said... by Larry Tolchinsky | Fraud, Probate Litigation, Undue Influence, Will Contests
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... by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Florida Probate Laws, Probate Litigation, Will Contests
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... by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Florida Probate Laws, Probate Litigation, Will Contests
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...