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Articles Posted in Probate Litigation

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Fort Lauderdale Probate Lawyer: Re-Opening a Closed Estate

Probate courts in Florida have substantial amount of discretion when it comes to the decision of whether to re-open an estate that was previously closed. In most cases, a probate estate is reopened when new assets are discovered that weren’t discovered at the time the original estate was administered. There…

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South Florida Attorney Battling Siblings in Fight Over Father’s Estate

A South Florida attorney has filed three lawsuits in Palm Beach County against his siblings – one trust, one probate and one tort – and another in Broward Circuit Court – alleging his siblings committed fraud in influencing their elderly mother to alter her previous estate plan and give them…

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Family Conflicts Are Top Threat to Your Inheritance, Estate Planning Key

Some people consider estate taxes enemy No. 1 when it comes to their inheritance. However, what’s much more likely to become problematic is family conflict. These aren’t necessarily new issues, but they are becoming more prevalent as increasingly more American families are blended, life expectancy has stretched and baby boomers…

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Estranged Children and Inheritances: Absent Will, They May Stake Claim

If you are estranged from a parent and he or she does, can you expect an inheritance? The answer is: Not automatically.  Just because one is the biological child of a decedent does not necessarily in and of itself entitle that child rights to stake a claim on their mother…

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Broward Estate Planning Attorney Explains Why to Avoid a DIY Approach

There are copious amounts of information available online about do-it-yourself estate planning. But just because you can doesn’t mean you should, the same way it’s always a bad idea to represent yourself in court – even if you’re an attorney. This is not a leaky shower repair you may be…

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Does Florida Probate Court Require Families to Pay Decedent’s Debts?

The Pew Research Center reported last year that a record 61 million Americans live in multi-generational households. That’s nearly one-fifth of the population. This means finances of aging parents, grandparents and adult children and grandchildren are sometimes intertwined. This does not necessarily mean that upon a loved one’s passing that…

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Broadcaster Excludes Adult Children From Will, Leading to Ugly Public Spat

Altering a will to disinherit a family member is within anyone’s right, though it can lead to conflict. Probate litigation attorneys in South Florida at The Ansara Law Firm know there are ways to minimize the potential for warring family interests or a contested will after your death.  Because contesting a…

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“The Evil Stepmother”: A Stereotypical – But Common – Dynamic in Florida Probate Litigation, Trust and Estate Disputes

Any experienced probate litigation lawyer in South Florida is familiar with the stereotypical “evil stepmother” trope. It’s not necessarily that there may not be truth to it in some families, but it more often than not really comes down to the fact that in so many probate, estate and trust…

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Florida Probate Litigation Alleging Elder Financial Exploitation Results in $34M Damage Award to Estate

An arbitration panel has awarded more than $34 million to the estate of the co-founder of the Home Shopping Network, finding that bank Morgan Stanley, along with its broker and branch manager, engaged in unauthorized trading, breach of fiduciary duty/ constructive fraud, negligence, negligent supervision and unjust enrichment. Arbitrators additionally…

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Settling an Estate With No Will in Florida: Intestate Succession

The AARP reports that roughly 60 percent of American adults lack proper estate planning, with only 4 in 10 having a will or living trust. This isn’t shocking news, but it is concerning, considering that settling an estate with no will in Florida is often a challenging endeavor. Although older…

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