Articles Tagged with Florida will contest

For decades, native Floridians commented on how it seemed “everyone” was moving to South Florida. Recent data lends some truth to that. As Palm Beach probate attorneys, we encourage those who are relocating to Florida from across state lines to consider meeting with a local probate lawyer to review important estate planning documents, such as wills, revocable living wills and durable powers of attorney.Palm Beach probate attorney

As the new year kicks off, it’s a great time for all Floridians – but especially those who moved to Florida in 2018 or within the last couple years – to review their important documents, ensure personal representatives and powers of attorney are up-to-date and that wills and trusts reflect your true intentions and align with Florida law.

An analysis of U.S. Census data by the National Association of Realtors found the No. 1 most common migration pattern in the U.S. was New Yorkers moving to Florida – some 33,400 between 2011 and 2016. Another 16,400 moved from New Jersey, 12,500 from Pennsylvania, nearly 9,000 from Michigan and about 7,800 each from Ohio and Illinois. Many are lured not just by Florida’s beautiful beaches, but also the low personal income tax rate. It’s the most popular destination for people from northern East Coast and Midwest states.  Continue reading

When a person dies and there is more than one will, it can come as a surprise to family. No matter which side you’re on, you will need to discuss your options with a Florida probate lawyer. A careful investigation will be necessary to determine whether a will contest is appropriate. It may be that one of the wills produced has a clear claim, or it may be necessary to initiate probate litigation to assert the validity of one will over another. Fort Lauderdale probate lawyer

Many people understand the importance of updating their will and other estate planning documents when important life events occur, such as when there is a marriage, birth, death or major falling out or formation of new romantic ties. Wills can be updated and recipients of certain assets can be modified. That’s why it’s not unheard of to have two or more versions of the same will. The problem with having numerous wills is that it can ultimately result in the assets of the testator (creator of the will) not being distributed according to his or her desires. A Fort Lauderdale probate lawyer can explain in more detail, but generally, the courts will seize on the most recent version of the will. Ideally, all copies of the previous version of the will would be destroyed and the updated version should distributed to all concerned so there is no confusion. Of course, real life is rarely so tidy, and Florida will contests are fairly common.

These were the facts of the case in a matter before Florida’s 4th District Court of Appeal, though the exact issue before the court was whether a plaintiff’s claim should be dismissed for a technical defect. (This is another reason you should have a Fort Lauderdale probate lawyer on board – to ensure you don’t miss any key filing deadlines and that all claims are properly pleaded.) Continue reading

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