Larry Tolchinsky | August 17, 2016
Sometimes, probating someone’s estate can be complicated. It can take a long time and lots of money because of all of the rules and procedures that must be followed. Beneficiaries and creditors are usually eager to try and limit these issues — especially if no one is contesting anything and the plan of distribution is […]
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Tags: Florida Probate, Summary Administration
Larry Tolchinsky | March 10, 2015
One of the biggest questions involved in probating someone’s estate after their passing is how much will the probate process before a Florida Probate Court itself cost? There are variables here depending upon each case, of course. Different kinds of property may involve unique expenses. Having investments in other states or foreign countries can warrant […]
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Tags: Florida Probate, Florida Probate Laws, Personal Representative Attorney Fees, Probate Costs
Larry Tolchinsky | December 9, 2014
In a matter of days, we’ll be entering a new year and 2014 will be a part of history. However, it’s still early enough in December for you to consider or update your Florida estate planning before the new year. There are reasons why you should, legally. For instance, some laws change on January 1, […]
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Tags: beneficiaries, End of Life Planning, Florida Probate, Self Proving Affidavit
Larry Tolchinsky | October 14, 2014
Congratulations if you are reading this post because you are expecting a child or if you are a new parent. There are few joys in life as great as raising a child! Congratulations, too, on investigating how to protect your family in the event of an untimely passing on the part of you or your […]
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Tags: beneficiaries, End of Life Planning, Florida Probate, heirs, Last Will and Testament, Will
Larry Tolchinsky | September 9, 2014
In Florida, can you block someone from challenging your will with a No Contest clause? In Florida, as in all other states, there are laws on the books that establish how your property will be distributed should you die without a will, or if you die without a valid one. So, the smart thing […]
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Tags: beneficiaries, End of Life Planning, Florida Probate, Florida Will, heirs, Last Will and Testament, Probate Litigation
Larry Tolchinsky | December 19, 2013
This is a story about Ruth Perelman who executed a Last Will and Testament in 2010 and died in July 2011 leaving two sons, Jeffrey and Ronald. A few weeks ago, the Fourth District Court of Appeals here in Florida made national news when it published its decision about where the late Ruth Perelman’s estate […]
Comments Off on Florida Court Rules Palm Beach’s Ruth Perelman Estate Will Be Probated in Pennsylvania: The First to File Lesson For Those Owning Homes in Florida and Elsewhere
Tags: domicile, Florida Probate, Florida Probate Laws, jurisdiction, Last Will and Testament, Probate Litigation
Larry Tolchinsky | December 5, 2013
What happens to property, real and personal, in Florida after someone dies in the State of Florida is well-settled: Florida statutes and Florida case law work together to insure that there is a smooth transition in ownership of everything from raw minerals and undeveloped land to jewelry, works of art, and personal belongings like clothing […]
Comments Off on Breach of Fiduciary Duty Claims by Florida Heirs and Beneficiaries: What Happens When the Estate’s Representative Goes Rogue and Does Bad Things?
Tags: Florida Personal Representative, Florida Probate, Florida Probate Laws, Personal Representative Attorney Fees, Personal Representative's Duties, Personal Representatives Qualifications, Probate Litigation
Larry Tolchinsky | 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 […]
Comments Off on Deathbed Marriages in Florida: Why This is a Recipe For An Undue Influence and Will Contest Claim Against the Surviving Spouse
Tags: deathbed marriage, deathbed wedding, Florida Probate, surviving spouse, undue influence
Larry Tolchinsky | October 29, 2011
Some people leave behind a safe-deposit box when they pass away. Often times, the surviving spouse wants to rush to open the box immediately upon death. Florida law differs from other states in that the safe-deposit box is not sealed upon death, as the state does not have a revenue interest in the box’s contents. […]
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Tags: Florida Probate, Florida Probate Laws, Safety Deposit Box
Larry Tolchinsky | October 29, 2011
All is not lost in Florida when a Last Will and Testament has been lost or destroyed. There is a procedure where a copy of the Will can be admitted to probate by filing a petition to establish the lost or destroyed Will along with other requirements discussed below. Under Florida law, if a Will […]
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Tags: Destroyed Will, Florida Probate, Florida Will, Lost Will