by Larry Tolchinsky | Challenging Florida Will, Probate Litigation, Undue Influence, Will Contests
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... by Larry Tolchinsky | Challenging Florida Will, Probate Litigation, Undue Influence, Will Contests
Your mother or father might be influenced in making their estate planning decisions by information that they get from their lawyer, or their CPA, or their friends. Your brothers or sisters may throw their two cents into the decision-making about how things should be... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
After your mother or father passes away, it’s difficult enough to deal with your grief over their passing. Losing a parent is a life-altering event. For some, however, things get worse and the emotional burden becomes almost overwhelming when they learn about their... 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 | 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... by Larry Tolchinsky | Probate Litigation, Testamentary Capacity, Undue Influence
In Florida, a constructive trust is a legal remedy that judges use to help people who have been harmed in all sorts of situations, including in probate controversies, divorce cases and with business torts like tortious interference with a business relationship. Said...