Larry Tolchinsky | November 12, 2015
Whe a will is brought before a Florida probate judge for admission to probate and the appointment of a Personal Representative, things seem straightforward. You would think things go smoothly from there; just follow the instructions – they are written out for you – settle the estate’s claim and distribute to the beneficiaries. Wills are […]
Comments Off on Challenging a Will: Consider the Deceased’s Wishes Before You File a Will Contest
Tags: beneficiaries, Florida Probate Laws, Last Will and Testament
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 […]
Comments Off on What Happens When A Will Has Been Destroyed?
Tags: beneficiaries, Florida Will, Last Will and Testament, Probate Litigation
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 […]
Comments Off on Will Contest for Undue Influence of a Husband or Wife: Two Brides, Two Results
Tags: Last Will and Testament, undue influence, 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 […]
Comments Off on Is Cutting Family Out of a Will Evidence of Undue Influence?: Religious Sect as Major Beneficiary
Tags: Last Will and Testament, undue influence
Larry Tolchinsky | August 19, 2015
Under Florida law, there are protections in place to keep people with bad intentions from manipulating someone into devising or gifting all or a portion of their estate to the bad actor. If someone’s Last Will And Testament is proven to have been hijacked by “undue influence” then that Will can be voided by a Florida […]
Comments Off on Does Affection and Close Attachment Equal Undue Influence? The Caretaker vs the Cousins
Tags: beneficiaries, Last Will and Testament, undue influence
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 […]
Comments Off on When Does Influence Become UNDUE and WRONG and The Basis for Voiding a Will?
Tags: beneficiaries, Last Will and Testament, undue influence
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 […]
Comments Off on Will Contests Based Upon Mistakes in Drafting the Will
Tags: beneficiaries, Florida Will, Last Will and Testament, Probate Litigation, Will
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 […]
Comments Off on Will Contests: Challenging a Florida Will to Get It Thrown Out
Tags: beneficiaries, Last Will and Testament, Probate Litigation, testamentary capacity, undue influence
Larry Tolchinsky | July 1, 2015
In the state of Florida, your last wishes as documented in your Last Will and Testament are given great respect and honor under Florida law. Both in Florida statutes passed by the Florida Legislature as well as Florida case law coming from court opinions, the decedent’s decisions and declarations are respected whenever possible. This is […]
Comments Off on Removal of a Florida Personal Representative: Party Named in the Will vs The Party Appointed by The Court
Tags: Florida Personal Representative, Last Will and Testament, Personal Representative's Duties
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 […]
Comments Off on Challenging an Inheritance in Florida: Meeting the In Re Carpenter Factors in a Florida Will Contest
Tags: beneficiaries, Florida Will, Last Will and Testament, undue influence, Will