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Estate Planning

Undue Influence in a Will Contest in Lake Mary, Florida and Orlando, Florida 

There was a case recently wherein the court found that to raise a presumption of undue influence where grantee occupied a confidential relationship with deceased and testified he was present for the signing of the deed; was present when deceased discussed creating the deed w...

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Important Deadlines in Probate Administration

Your spouse, relative or family member has died. Their will needs to be probated. What do you need to know, and what do you need to do? You probably need to speak to an attorney to probate the estate. There are a few circumstances where the person had hardly anything ...

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Estates and Wills and Posthumous Conception

There was an interesting case in Florida Law Weekly regarding a child conceived by in vitro fertilization after decedent death. In this case, the child was not entitled to take from the decedent's estate because the decedent's will did not provide for the child.  Read More

What is a Lucid Interval?

A Lucid Interval is a legal term that refers to whether the testator has capacity and was lucid at the time of executing their will. Was the testator of sound mind when they signed their will? Did the testator have testamentary capacity at the time of execution of the...

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Representing the Alleged Incapacitated Person in a Guardianship Case in the Orlando, Florida Area

In an Incapacity and Guardianship case, the Court appoints an attorney for the alleged incapacity person. However, the alleged incapacitated person has the right to hire their own private attorney if they so choose to do so. They may hire their own attorney at any point of the proceeding until they ...

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Probate Administration in the Orlando, Florida Area

Your loved one has died. What do you do next? Do they have a will, or do they not have a will? If they have  a will, then they died Testate. If they do not have a will, then they died Intestate.  First and foremost, are there ...

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What Is an Ancillary Estate in the Orlando, Florida Area?

An ancillary estate in the Orlando, Florida area is an estate wherein a nonresident of the State of Florida dies, leaving assets in the state, credits due from residents in the state, or liens on property in the State of Florida. 

How an Ancillary Estat...

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The Probate of an Estate in the Orlando, Florida Area

Your loved one dies. First, you find that you need the original Will. If you do not have the original Will, you should attempt to obtain it. It may be with the attorney who drafted the Will for your loved one. If you have the Will, then you can find out who has been a...

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brother and sister discussing estate at home

Did You Know You Can Now Use the Collaborative Process in Probate Disputes?

In Florida, the Collaborative Process became law in 2017. Participants have been using the process since then in the Marital and Family Law area to resolve cases in a more amicable, less stressful, less contentious, and more economical way. The process is now availabl...

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