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Category Archives: Wills
What can you do when a loved one is near death?
Sometimes I get phone calls asking about what to do when someone is dying. Typically, the person is in the hospital, or a nursing home, or hospice, and it’s apparent that they are near the end. Family members want to … Continue reading
How to Contest a Will in Florida
I get contacts from potential clients from time to time about “contesting a will”. Someone does not like what a will says and wants to hire a lawyer to fight the will. There are three basic lines of attack on … Continue reading
What if I can’t find a will?
Sometimes, for whatever reason, after someone dies the family can’t find a will. In some cases there may be a copy of a prior will; in some cases it may simply be a belief that the person had a will … Continue reading
What if my Husband left the house to his children?
One issue that comes up occasionally is where a spouse, usually a husband, owns a house by themselves and their will tries to leave the house to someone other than their spouse. Under most circumstances, you can’t do that in … Continue reading
Posted in Homestead, Probate, Real Estate, Will Contest
Tagged Co-owners, Intestate Estate, Spousal Rights, validity, wills
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What if the husband cuts the wife out of the will? (Part 2)
Last time we talked about what can happen when a husband leaves a wife nothing under a will. We explained Florida’s Elective Share Statute. There is another aspect to this; what happens if the deceased spouse leaves the house to … Continue reading
Posted in Elective Share, Homestead, Probate, Real Estate, Will Contest
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What if the husband cuts the wife out of the will? (Part 1)
Sometimes, a husband will leave a wife nothing under a will; or a wife will entirely cut out her husband from a will. While Florida law does not prevent one spouse from leaving the other spouse nothing under a will, … Continue reading
Why you need a will
I have seen various statistics on the number of Americans who die intestate, or without a will. The numbers range from just over 50% to just about two thirds. No matter which number is right, that is simply too high. … Continue reading
Thomas Kinkade and his hand written will(s)
The artist Thomas Kinkade, the fellow who did all of those paintings of cute little cottages, died this spring. Now, it appears as though his estate is in an absolute mess. http://www.contracostatimes.com/california/ci_21158511Artist Thomas Kinkades Lawyers File Appeal Against Girlfriend Long … Continue reading
Posted in Asset Protection, Divorce, Estate Planning, Probate, Will Contest, Wills
Tagged Probate, validity, Will Contest, wills
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You Snooze, You Lose; Failing to Object in Time in a Will Contest.
Michael Jacksons’ siblings are trying to challenge his will. Michael Jackson Family Feud: Lessons for Wills and Trusts The problem is, they waited too long. They had notice of the will, they had notice of the probate, and they didn’t … Continue reading
Posted in Estate Planning, Will Contest, Wills
Tagged Florida, Probate, Will Contest, wills
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Why go to a Lawyer for Estate Planning?
Why go to a lawyer for estate planning? There are certain people who advertise estate planning services, who claim to do estate planning and some who, even though they don’t openly advertise estate planning, do what amounts to estate planning, … Continue reading
Posted in Estate Planning, Wills
Tagged Asset Protection, Florida, Probate, validity, Will Contest, wills
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