Larry Tolchinsky | September 21, 2016
Florida law is very protective of property ownership rights in our State. Under the law, there is never a moment when any piece of property is not owned by someone or something. Maybe it’s a person, or an estate, or a trust or some other legal entity (Corporation, LLC, etc.). The kind of owner may […]
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Tags: heirs
Larry Tolchinsky | July 20, 2016
If you are named as a beneficiary of a Florida Estate, then you are going to inherit the decedent’s property, right? The asset may be a big thing, like an oceanfront condo, or it might be small, like a cocktail ring or antique clock, but no matter what you are going to be receiving something […]
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Tags: heirs
Larry Tolchinsky | May 20, 2015
When a mother or father does their estate planning and drafts their Last Will and Testament (along with Trusts, etc.), its understandable that when they think of the person they trust the most to deal with distributing their property after their passing, that mom or dad will consider their children first. After all, who better […]
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Tags: beneficiaries, Florida Personal Representative, heirs, Personal Representative's Duties, Personal Representatives Qualifications, Probate Litigation
Larry Tolchinsky | February 10, 2015
Ask most people here in Florida about how they will pass along their property to their kids or spouse or favorite charity, and odds are high that they’ll say they are doing this with their Last Will and Testament. After all, writing your will is a traditional and historic way of leaving your valuables — […]
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Tags: End of Life Planning, heirs, probate assets, Probate Costs, Will
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 | March 11, 2014
In Florida, unlike some other states, there is case precedent on the books (court opinions) which establishes the legal right for someone to sue and win a claim that their expected inheritance was illegally interfered with by the defendant, despite the language of the probate documents and the fact that they did not inherit under […]
Comments Off on Tortious Interference With An Inheritance or Expectancy — Can You Sue When You Fail to Inherit Under a Florida Will?
Tags: beneficiaries, Florida Probate Laws, heirs, inheritance, interested persons, Last Will and Testament, undue influence