Challenging an Inheritance in Florida: Meeting the In Re Carpenter Factors in a Florida Will Contest

| May 12, 2015

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 laws that block what the Highest Court in the State […]

When Are Constructive Trusts Created by Florida Judges?

| June 10, 2014

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 another way, constructive trusts are used to thwart a wrongdoer who has taken […]

Can a Trust Be Created By a Florida Judge to Remedy Wrongdoing Related to a Decedent’s Property?

| 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”). […]

Deathbed Marriages in Florida: Why This is a Recipe For An Undue Influence and Will Contest Claim Against the Surviving Spouse

| November 21, 2013

Quick marriages or secret weddings close to someone’s death, particularly when they are of a certain age, aren’t just the stuff of murder mysteries — they happen more often than many people realize; so much so, in fact, that the Florida Legislature actually addressed the issue a few years ago and passed a special law […]

Exploiting Elders in Florida: How Family Members Financial Abuse of Seniors is a “Public Health Epidemic”

| August 21, 2012

This month, lots of people that don’t deal with senior citizen issues or the realities of end of life planning and elder law got a big, huge slap in the face as Dr. Mark Lachs called elder financial abuse by family members a “national epidemic.” That’s right – right up there with heart disease and […]

Fraud or Undue Influence Challenges to a Florida Will

| 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 […]

What is Florida Probate Litigation?

| 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 […]