by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Unclaimed Property
If you are named as a beneficiary of a Florida Estate, then you are going to inherit the decedent’s property, right? The asset may be a big thing, like an oceanfront condo, or it might be small, like a cocktail ring or antique clock, but no matter what you are... by Larry Tolchinsky | Challenging Florida Will, Florida Personal Representative, Florida Probate, Probate Litigation
In Florida, probate estates are created when someone passes away. At that time, and after a petition is filed, a “Personal Representative” is appointed by the Florida probate judge to oversee distribution of the property held by the estate to the heirs and... by Larry Tolchinsky | Challenging Florida Will, Florida Personal Representative, Florida Probate, Probate Litigation, Undue Influence
Whe a will is brought before a Florida probate judge for admission to probate and the appointment of a Personal Representative, things seem straightforward. You would think things go smoothly from there; just follow the instructions – they are written out for... by Larry Tolchinsky | Challenging Florida Will, Florida Personal Representative, Florida Probate Laws, Probate Litigation
In Florida, laws exist creating temporary ownership of a decedent’s property in an estate. An estate is legally a separate entity, and is administered by a Court-appointed personal representative. At the exact moment of death, legal ownership instantly moves... by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Fraud, Probate Litigation, Will Contests
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... 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...