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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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Probate Litigation: Florida Wills and Divorce

Uncategorized Mar 27, 2019
post about Probate Litigation: Florida Wills and Divorce

How can divorce affect an inheritance? Will my ex-husband still inherit from my Palm Beach estate if we get divorced? What happens if you leave an ex-spouse property in a Florida will? Are you involved in a probate matter regarding divorce and a Florida will? If so, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

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Can Your Ex Spouse Inherit From Your Florida Will If You Forget to Change It?

Uncategorized Mar 27, 2019
post about Can Your Ex Spouse Inherit From Your Florida Will If You Forget to Change It?

Did you write a Florida will while you were married? What if that marriage has ended and your forget to change your will before you pass away? Can your ex-wife or ex-husband still inherit from your will if you get a divorce? If you are involved in a Palm Beach probate matter where an ex-spouse inherits in the decedent’s will, you may want to read a recent Second DCA opinion, Gordon v. Fishman.

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Why Should I Create an Estate Plan?

Uncategorized Mar 25, 2019
post about Why Should I Create an Estate Plan?

How does dementia affect probate litigation? How does dementia affect a revocable trust?  Why is it so important to meet with your Florida estate planning attorney to draft a will or trust? How can a Florida estate plan help you to avoid a guardianship? How can a solid estate plan help you if you suffer from dementia or Alzheimer’s? Why should I create an estate plan in Florida? What do probate litigators and guardianship lawyers need to know about dementia? How can dementia affect an estate?

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