Larry Tolchinsky | July 20, 2016
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 going to be receiving something […]
Larry Tolchinsky | May 18, 2016
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 beneficiaries after the creditors have been paid. Anyone who has a reasonable […]
Larry Tolchinsky | November 12, 2015
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 you – settle the estate’s claim and distribute to the beneficiaries. Wills are […]
Larry Tolchinsky | November 4, 2015
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 from the person who has passed away to their “estate.” Everything titled in the decedent’s name goes into the […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | September 9, 2015
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 “undue” influence, and form the basis for a successful will […]
Larry Tolchinsky | September 2, 2015
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. Newport, 149 Fla. 181, 6 So.2d 829 (1941). What is Undue Influence when […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]