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 | May 6, 2014
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 time, where property is placed into “trust” for loved ones (”beneficiaries”). […]
Larry Tolchinsky | May 26, 2012
An attorney preparing a Florida Will must be aware of the law dealing with the testator’s intentions being replaced by the intentions of another. A Florida Will can be declared invalid if it can be proved that it was procured through fraud or undue influence. F.S. 732.5165. The Florida Supreme Court addressed the issue of […]
Larry Tolchinsky | October 21, 2010
More often than not, the probate process is simple and straightforward. Where the decedent executed a Will, his property is disposed of in accordance with it. Where there is no Will, his property passes to his spouse and/ or children. Sometimes, however, there are complications; for example, the decedent may have disinherited his spouse in […]