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 | 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 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 | 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 — […]
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 […]
Larry Tolchinsky | April 8, 2014
Last month, we posted about what happens here in Florida when someone believes that they are going to inherit something, money – property – jewelry – heirlooms, and then learns that the Will states otherwise. In some situations, Florida law grants heirs or beneficiaries with the right to sue the person (or persons) that they […]
Larry Tolchinsky | October 10, 2013
Florida law has some basic requirements for a Will to be considered a valid in the State of Florida; without these requirements being met, no Florida probate court judge will admit the Will to probate. This is true no matter how many witnesses come to the judge and explain that the decedent believed the Will […]