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Archive for the ‘Wills’ Category

Top Five Estate Planning Steps to Take During a Divorce

Published: April 22nd, 2016

By: Brad Gould

Divorces are stressful and expensive situations for everyone involved.  However, they can be a lot worse if one spouse dies before the divorce is finalized.  Whether you are the recipient of a divorce petition or the sender, one of the first people you should call (after your divorce attorney) is your estate planning attorney*.  The […]

Five Reasons You Need an Estate Plan (Even If You Aren’t a Powerball Winner)

Published: January 14th, 2016

By: Dana M. Apfelbaum

Many people believe that only the wealthy need estate planning.  In fact, while the complexity of the plan needed may vary due to the amount and nature of a person’s assets, the need for an estate plan is common between a billionaire and the average person.  Here are five reasons the average person needs an […]

Appellate Court Affirms Involuntary Dismissal of Undue Influence Claim

Published: January 6th, 2016

By: Daryl J. Krauza

Recently, the Fifth District Court of Appeals affirmed the trial court’s dismissal of a son’s undue influence claims brought against his sister in Luciani v. Nealon, 2015 WL 7782819 (Fla. 5th DCA 2015). Rule 1.420(b), Florida Rules of Civil Procedure, allows the trial court to involuntarily dismiss a case when, after viewing the evidence presented […]

Tax Consequences in a Will Contest: The Story of a Modern Family

Trust and Estate Attorney Orlando
Published: November 11th, 2014

By: Matthew J. Ahearn

Jay and Gloria are a wealthy, married couple.  Jay has an adult daughter from a previous marriage.  Her name is Claire.  Gloria also has a child from a previous marriage, a 12-year-old boy named Manny.  Jay and Gloria have a daughter together.  Her name is Chloe. Jay is old enough to be Gloria’s father.  The […]

If You Weren’t Named in the Will as You Were Told You Would Be, You May Have a Wrongful Interference Claim

Published: September 29th, 2014

By: David P. Hathaway

A child was supposedly told by his parent that he would receive some kind of inheritance, whether money, real estate or a savings account. After the parent passed away, it was found that the child was not named in the parent’s will, and was in fact specifically omitted. Can this exclusion be challenged under Florida […]