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Yearly Archives: 2019

Inheriting Your Parent’s Orlando Residence

Uncategorized Apr 1, 2019
post about Inheriting Your Parent’s Orlando Residence

Did your mother or father die in Florida with a house, or a homestead? If you live out of state, not in Florida, you’re probably wondering how you inherit your father or mother’s house. Inheriting your parents residence, what they call Florida homestead, is an interesting issue in the law.

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How do I Give Notice to a Creditor if the Creditor is Unknown? Florida Probate Rule 5.241

Uncategorized Apr 1, 2019
post about How do I Give Notice to a Creditor if the Creditor is Unknown? Florida Probate Rule 5.241

What are creditors in Florida probate litigation? When do you need to provide notice to creditors? How do you give notice to creditors in the Florida probate process? Why do I need to know about creditors if I am the personal representative of a Palm Beach estate?  Creditor claims and disputes are almost always present in the probate process of a decedent’s estate.

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When is Duress a Defense in a Florida Probate Lawsuit?

Uncategorized Mar 28, 2019
post about When is Duress a Defense in a Florida Probate Lawsuit?

Was a person forced to sign an estate planning document that they did not wish to sign? Did your evil sister or brother threaten your mom to change her POA? If you feel that a signature on a will, POA, or any estate planning document was forced, you may be able to argue duress. However, West Palm Beach probate lawyers know that there are certain factors that must be established in order to prove duress. A Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor, defines duress and explains those factors. 

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Florida Probate Litigation: What is Duress?

Uncategorized Mar 28, 2019
post about Florida Probate Litigation: What is Duress?

In Florida trust and estates litigation, what is duress? Did you know that duress is a grounds for revocation of a will? What factors must be proven to establish duress in your Florida estate matter? If you are interested in learning more about duress, you may want to read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

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How to Read a Florida Will

Uncategorized Mar 28, 2019
post about How to Read a Florida Will

How do you read a Florida will? What do people usually specify in their Florida will? Do I need a trust and estates lawyer? What should I do once I obtain a copy of my deceased dad’s estate documents?

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Florida Contracts and the Defense of Unconscionability

Uncategorized Mar 27, 2019
post about Florida Contracts and the Defense of Unconscionability

What is the defense of unconscionability? What is the difference between substantive unconscionability and procedural unconscionability? What should Florida probate lawyers know about unconscionability? When could this defense be raised in your Florida probate case or Palm Beach contract dispute? You may want to read a Florida Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. Although this is not a Florida probate matter, it is a Florida civil case that defines both procedural and substantive unconscionability. 

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Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Uncategorized Mar 25, 2019
post about Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Did you know that divorce can substantially affect your Florida inheritance rights? What should West Palm Beach probate lawyers know about divorce and inheritance rights in Florida? If I divorce my husband, will I still inherit if I am listed as a beneficiary in his Florida will? What happens if my husband divorces me but forgets to take me out of his Orlando will?  What if I am a listed beneficiary in my ex-wife’s will that she executed during our marriage? If you are asking yourself about any of these questions, you may wish to read Florida Statute 732.507. 

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