Articles Tagged with will contest Fort Lauderdale

You may have already had concerns that someone you know was exploiting an elder relative financially while they were alive. Now that they are gone, it may now be confirmed or you are just now beginning to grasp the full scope of it. Fort Lauderdale probate litigation lawyers know this happens more often than you might think. Florida probate litigation lawyer

The AARP reports roughly 3.5 percent of all older adults suffer some form of financial exploitation (actual numbers likely higher as not all cases are reported) costing more than $2 billion annually. (The Elder Financial Protection Network puts it at closer to 10 percent.)

It’s worth consulting with a probate attorney, even if you don’t plan on hiring one. It’s essential because your time to legally act and contest a will is very brief, so it’s best to preserve your challenge to a will early on if there is any chance you might do so. In the case of elder financial exploitation prior to death, your attorney will most likely assert some form of undue influence as grounds for contesting a will. Continue reading

When it comes to the Florida probate litigation statute of limitations, one might generally presume reading F.S. Ch. 95 that they have about four years to file a case. However, as our Fort Lauderdale probate litigation attorneys can explain, trust cases in particular almost always follow something called equitable law.undue influence probate litigation

Equitable strives for equal, but in the case of some breach of trust cases, our Fort Lauderdale probate litigation attorneys have seen this mean as little as 6 months… Or it could mean you have as many as 40 years.

In the case of undue influence, however (which is the most common grounds for a Florida will contest), your limitations period again is usually four years. At most, however, it can be up to 12 years. This is thanks to something called the “delayed discovery doctrine.” Continue reading

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