by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Probate Litigation, Testamentary Capacity, Undue Influence, Will Contests
When someone passes away, any property titled in their name immediately becomes part of their “estate.” An estate is a legal entity created under the law to help protect both real estate and personal property (things like jewelry, furniture, guns, etc.) as it is... by Larry Tolchinsky | Florida Personal Representative, Probate Litigation
In the state of Florida, your last wishes as documented in your Last Will and Testament are given great respect and honor under Florida law. Both in Florida statutes passed by the Florida Legislature as well as Florida case law coming from court opinions, the... by Larry Tolchinsky | Florida Personal Representative, Probate Litigation
As we’ve already covered in our series on removal of Florida Personal Representatives, it doesn’t matter if the beneficiaries of a Florida probate estate don’t like the person who is appointed to oversee the estate’s administration. Under Florida... by Larry Tolchinsky | Florida Personal Representative, Probate Litigation
As we recently discussed, under Florida law, there are a dozen reasons for removing a personal representative (See Florida Statute 733.504). Included among this statutory list of causes for removal, is removing the personal representative because they have been... by Larry Tolchinsky | Florida Personal Representative, Florida Probate Laws, Personal Representative Attorney Fees, Personal Representative Fees, Probate Litigation
Florida probate law protects both the personal property and real estate holdings of anyone who passes away in the State of Florida by immediately creating a legal “estate.” The estate acts as legal owner of all that property immediately upon the individual’s... by Larry Tolchinsky | Challenging Florida Will, Probate Litigation, Undue Influence, Will Contests
Today, Florida Statute 733.107 has been passed to override part of the Florida Supreme Court’s decision back in 1971, when the famous (at least in legal circles) case came down: In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971). The Florida Legislature can pass...