South Florida Probate Trial Lawyers

Probate Court: What You Need to Know About Filing a Will in Florida

Wed, 25 Nov 2015 13:49:31 -0500

When a person dies with a will, his or her wishes as stated in the will must be carried out through the probate process. In order to initiate the probate process, the will must be filed with the court and the person responsible for administering the decedent’s estate (known as a “personal representative” in Florida) must make sure that the estate’s assets are managed properly until probate is complete. In this article, we provide an overview of what you need to know about filing a will in Florida.

Probate Documentation: Disposition of Personal Property

Wed, 11 Nov 2015 09:54:20 -0500

Individuals and couples planning for disposition of their personal property after their passing have several different options. These options all involve various different forms of documentation and deciding on an appropriate estate plan requires careful guidance and thoughtful consideration of a variety of family, legal and tax-related issues.

Three Kinds of Probate: An Overview

Mon, 26 Oct 2015 08:53:10 -0400

Probate is the process of administering a person’s final affairs after death. This primarily involves paying any outstanding debts and distributing the remainder of the decedent’s estate to his or her beneficiaries – although there are many more steps along the way.

Mismanaged Trusts: When Is It Time to Litigate?

Mon, 12 Oct 2015 13:33:50 -0400

Trusts can be essential tools for making sure that a person’s final wishes are carried through. When used and managed properly, they can help streamline the probate process and provide certainty that the deceased’s loved ones will have the money they need for years to come.

Fraudulent Inducement: Was Your Loved One Tricked?

Mon, 28 Sep 2015 16:54:05 -0400

Few things can sadden you more than realizing that your loved one was tricked during the making of his or her will. While it’s natural to already have strong emotions about the passing of someone you care for, believing they may have been the victim of fraud prior to death can be overwhelming.

Know the Signs: Inheritance Scams

Mon, 14 Sep 2015 08:52:02 -0400

When you or a loved one is preparing a will or has an estate plan already in place, the unfortunate truth is that there are some people out there who will try to take advantage of this. They sometimes use scams, tricks or stories in an effort to obtain money that rightfully belongs to you, a family member or other heirs.

New Florida Rules: Protecting The Elderly from Fraud

Mon, 31 Aug 2015 10:46:51 -0400

Discovering that an elderly loved one may be a victim of inheritance fraud can be heartbreaking and confusing. It’s natural to want to protect your loved ones and their estate both for their own good and for those who will benefit from the estate in the future. If you believe that a loved one is or is about to be a victim, please contact a Fort Myers inheritance fraud lawyer at Freidin & Inglis, P.A., immediately.

Creditors at the Gates: How Claims Threaten Probate

Mon, 24 Aug 2015 11:06:16 -0400

No one likes dealing with creditors, but when your loved one passes away, one of the responsibilities of the personal representative of the estate is to handle the decedent’s debts.

Breach of Fiduciary Duty: When Responsibility Goes Wrong

Wed, 29 Jul 2015 09:11:36 -0400

The administration of an estate is a serious task. Grief weighs heavily on the situation for many involved, but the fiduciary duty arising from estate administration still requires consistent, transparent ethics. This duty, which varies with context, carries great responsibility.

Third Party Contracts: When Wills and Other Contracts Conflict

Wed, 22 Jul 2015 13:51:11 -0400

Discovering that the will of a loved one may be subject to promises made in contracts you didn’t know about can be devastating. While the emotional reactions are bound to be tricky for some, the practical matter of determining if the will or the third-party contract prevails requires immediate attention.

Lack of Mental Capacity: Gathering Evidence

Mon, 22 Jun 2015 09:49:10 -0400

It’s natural that as someone gets older or becomes ill, they may lack mental capacity to make a valid Florida estate plan. This can be a difficult truth to face. Some people do not realize it until after their loved one passes and the estate plan raises red flags.

Fraudulent Wills: When the Deceased Was Deceived

Mon, 08 Jun 2015 11:52:13 -0400

A finding of fraud will render a will void in Florida. While there are many reasons a will may be found void in whole or in part, fraud is a particularly dastardly situation. It means that someone deceived your loved one while they were preparing their estate for their passing.

Undue Influence: Proving Your Claim in Litigation

Mon, 25 May 2015 12:25:03 -0400

With the passing of a loved one, the administration of the deceased’s estate may bring a few surprises. Sometimes, certain people are unexpected beneficiaries — and this can raise more than just eyebrows.

Probate Litigation: Reasons to Contest a Will

Mon, 11 May 2015 08:42:00 -0400

Discovering that a will may not be valid adds an unfortunate layer of additional stress to the news of a loved one’s passing. A Fort Myers will contest lawyer can help you examine whether or not you have reasons to contest a will under Florida law.

Winning an Undue Influence Case.

Thu, 12 Feb 2015 15:11:01 -0500

Undue influence cases require the skills and resources of an experienced probate litigation team that knows how to prepare and try complex will contest claims.

How to Prove Undue Influence in a Will

Wed, 11 Feb 2015 15:37:45 -0500

Proving undue influence in a will is a difficult process. If you decide to contest a will on these grounds you will have the burden of establishing a presumption of undue influence.

Grounds for Contesting a Will

Tue, 10 Feb 2015 08:27:20 -0500

In Florida, wills can be challenged on several different grounds ranging from improper execution and undue influence to a lack of mental capacity, fraud or duress.

Process of Contesting a Will

Mon, 09 Feb 2015 08:31:02 -0500

Contesting a will can be a very emotional and challenging process. Will contest cases are highly complex and should be handled by a skilled litigation team.

When Can You Contest a Will

Sun, 08 Feb 2015 08:33:02 -0500

Under Florida law, a will can only be challenged after the maker of the will has passed away. Will contest cases are subject to strict statutes of limitation in Florida.

How to Choose a Probate Litigation Attorney

Sat, 07 Feb 2015 08:36:32 -0500

When a serious conflict or dispute arises over a probate or estate matter, you need to be certain your attorney has the skills and knowledge necessary to protect your rights and interests.

Challenging a Will on the Grounds of Undue Influence

Fri, 06 Feb 2015 08:39:48 -0500

While you can contest a will on a number of different grounds, “undue influence” is the most common basis for challenging a will.

Hoping to Prevent a Family Dispute? Consider a Letter of Instruction

Thu, 05 Feb 2015 08:42:35 -0500

If you are hoping to prevent a family feud when you pass away, you may want to consider writing a letter of instruction that supplements your will.