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Category Archives: Will Contest
What You can do about a Will depends on where You are Standing.
There is a story in the news about a woman in Rhode Island who was trying to overturn her aunts’ will, here: Records Show Woman Gave Legion Of Christ $60 Million Over 20 Years Essentially, the niece alleges that a … Continue reading
What do people fight about in probate? Part 3
Last time we looked at fights over personal representatives. Today we’re looking at fights over wills; whether a will is valid; whether a will should be admitted to probate and whether a copy of a will should be probated. I … Continue reading
Posted in Probate, Will Contest, Wills
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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
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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