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 | 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 9, 2015
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 “undue” influence, and form the basis for a successful will […]
Larry Tolchinsky | September 2, 2015
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. Newport, 149 Fla. 181, 6 So.2d 829 (1941). What is Undue Influence when […]
Larry Tolchinsky | August 26, 2015
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 with their children. Brothers and sisters are aware of arrangements, such as 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 […]
Larry Tolchinsky | July 29, 2015
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 be distributed after both parents pass away. Your elderly parent may […]
Larry Tolchinsky | July 22, 2015
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 parent’s Last Will and Testament. An unequal distribution of their parent’s property […]
Larry Tolchinsky | July 15, 2015
Usually, people hire lawyers to have their Last Will and Testament prepared and executed as a protection against errors in writing their Will and against anyone challenging their decisions about who should get what after they’ve passed. Parents know their kids: getting a Will written may mean a lot less squabbling when the time comes […]
Larry Tolchinsky | July 8, 2015
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 transferred to those who stand to inherit it. If the person […]