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 | 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 | 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 […]
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 […]
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 […]