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 | January 6, 2016
In Florida, things can — and often do — get interesting in probate matters. Unlike other states where matters can be more routine, Florida is known to deliver on the drama. That is because we have tourists, snowbirds, retirees, long-term vacationers, as well as non-citizens, spouses married to non-citizens, a disproportionate amount of fraudsters and […]
Larry Tolchinsky | November 25, 2015
When a parent passes away, it’s a major life event for the children of the deceased person, no matter their age. The grief they experience can be overwhelming. So much so that it can take time for a child’s life to return to normal. Unfortunately, the parent’s creditors can be impatient. As the children are […]
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 | October 7, 2015
Here in Florida, the job of overseeing the distribution of someone’s property to their heirs after they have passed away is undertaken by a person appointed by the Probate Court to be the “Personal Representative” of the decedent’s estate (which many may recognize as the role of an “executor” or “administrator,” as they are referred […]
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 23, 2015
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 there will be debts to be paid. Who gets paid, and how […]
Larry Tolchinsky | August 5, 2015
In cases of undue influence, it is alleged that someone (a tortfeasor) has taken advantage of someone else (a testator — one who executes a Will or other estate planning document) to get themselves written into the testator’s estate plan, potentially procuring tremendous sums of money, properties, and other items. It is something that the testator […]