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 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 […]
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 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 […]
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 | May 6, 2014
Ask most people what a “trust” is all about, legally-speaking, and they’ll probably describe some form of estate planning tool that goes along with a Last Will and Testament and/or a Life Insurance Policy. This answer isn’t wrong: lawyers draft trust documents all the time, where property is placed into “trust” for loved ones (”beneficiaries”). […]