Tortious interference of a testamentary expectancy is a “tort” or a wrongful act that causes economic harm to another person, and allows for compensatory and punitive damages. The plaintiff must prove the following elements to establish a claim for the Tort of Intentional Interference with Expectancy: decedent had a fixed intention to…
Articles Posted in Probate Litigation
Final Accounting: How To Object in Florida
How To Object To The Final Accounting of a Personal Representative in Florida The final accounting can be complex. As many Florida residents might know, the probate of an estate can be a very lengthy process that can be full of mistakes. Mistakes are often made when the estate’s personal…
Jacksonville Probate Attorney: Missing Beneficiaries
Jacksonville Probate: How to Handle Missing Beneficiaries Jacksonville probate attorneys often deal with a beneficiary that is alive, but no one knows this person’s address. If a beneficiary goes missing or cannot be found, then there are a few options including using professional heir search companies. The first place to…
Florida Statute Of Limitations on a Will
What is the Florida Statute Of Limitations on a Will? A common question Jacksonville estate planning lawyers are often asked is how long does a person have to Florida will contest a will or what is the statute of limitations to contest a will in Florida. As with most legal…
Zsa Zsa Gabor Estate
Zsa Zsa Gabor is one of the latest celebrity deaths to sadden America. The actress passed away at 99 years old and was known for being one of Hollywood’s first stars due to her colorful personality. She was also known for her many marriages and divorces. Gabor married nine times,…
Claim of Undue Influence may have Unintended Results
Often we get clients who are interested in objecting to a will because of undue influence. In Florida there is a split of authority over what happens to a previous will when the most recent will is invalidated by undue influence. The results can be very different and may provide…
Can You Be Punished For Bringing A Lawsuit in Bad Faith Against An Estate?
A will or trust is one of the essential documents that every person should create. These documents dictate how a person’s assets should pass after death to a personal representative or a trustee. However, will and trusts are sometimes contested by family members when the documents are legally invalid, or…
Medicaid Liens On A Plaintiff’s Wrongful Death Award
Florida medicaid Liens. Florida residents that suffer from injuries caused by another person are lucky because they can often pay costly medical bills through Medicaid if they qualify for coverage. Medicaid is a government assistance program that provides long-term health coverage to those with low income and few assets. It…
Should Florida Enact a Disinheritance Statute to Prevent Elder Law Abuse?
Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population. One of the growing concerns in the legal community is the rise of elder abuse. The abuse is frequently under-reported, and worse, the abusers are…
Florida Case Holds Estate Planning Attorney Must Testify in an Undue Influence Trial
Florida’s 3rd District Court of Appeal held on October 26, 201 that an estate planning attorney must break the attorney-client privilege for deceased client must by testifying in a will contest trial for undue influence. The trial court ordered the attorney to testify, and the attorney refused. The attorney appealed…