by Larry Tolchinsky | Challenging Florida Will, Florida Probate, Fraud, Probate Litigation, Will Contests
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... by Larry Tolchinsky | Challenging Florida Will, Fraud, Intestacy, Probate Litigation, Undue Influence, Will Contests
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... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
So far in our Summer series on undue influence cases in Florida probate courts, we have discussed at length: how to identify when a family member or loved one may have been unduly influenced in executing their will; just how much influence is necessary to constitute... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
If a decedent’s children, parents, or siblings are seriously concerned that their family member was victimized and that otherwise they would have inherited his estate, then they may have a basis for filing a will contest on undue influence grounds. See, Watts v.... by Larry Tolchinsky | Challenging Florida Will, Undue Influence, Will Contests
When a loved one passes away and their Last Will and Testament is entered into probate, the grieving family members sometimes know in advance who stands to inherit from the estate. Parents, for example, generally share their estate planning directives and decisions... 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...