Toll Free: 888.643.6514 | Local: 239.939.7100
Practice Areas
- Adult Guardianship Administration and Litigation
- Durable Power of Attorney Litigation
- Estate Planning
- Guardianship of Property for Minor Child
- Prenuptial and Postnuptial Agreements
- Probate and Estate Administration
- Probate and Trust Litigation
- Trust Administration
- Tax planning, audits, appeals and litigation
Blog 
Estate Planning
Probate and Trust Litigation
- What does it mean that the person executing the will lacked capacity?
- A Will can be rescinded if testator executed it based on irrational belief
- Formal Notice in Probate Requires Informed Response
- Adversarial Probate Proceedings
- Common Signs of Undue Influence
General
News
- Posted on 7/28/2010Matthew A. Linde passes 2010 Wills and Trusts Board Certification Exam
- Posted on 7/10/2010Is congress creating an incentive for death?
- Posted on 6/1/2010Matthew A. Linde passes 2010 Elder Law Board Certification Exam.
- Posted on 5/20/2010Matthew A. Linde P.A. creates floridaprobatelitigator.com
Library
Florida Probate Lawyer Blog
Our Florida probate attorneys post blogs on a wide variety of topics including how to file state and federal estate and income tax returns, deal with creditors, and distribute assets according to the Florida law. Read our latest blogs and contact us today if you would like to speak with a Florida probate lawyer to receive more information. We represent clients in Fort Myers, Cape Coral, Bonita Springs, Naples, Punta Gorda and the surrounding cities.Estate Planning
Do I need a trust?
I am often asked whether an individual or couple needs a trust. Most people are not sure what a trust is, but they have heard that a trust may help them “avoid probate.” Before deciding whether you (individual or couple) need a trust it is helpful to know what a trust is. Basically, a trust is a legally enforceable agreement between the settlor (person or persons creating the trust), the trustee (the person, people or entity that has certain duties defined in the trust agreeement) and the beneficiaries. The duties the trustee has to manage the trust property and the duties the trustee has toward the settlor and the beneficiaries are defined in the trust agreement and by state (Florida) law.Probate and Trust Litigation
What does it mean that the person executing the will lacked capacity?
A will may be invalidated if the person executing the will (called the testator (male) or the testitrix (female)) cacked the capacity to execute the will. Generally the person executing the will will have "sound mind" when he or she has the ability to mentally understand in a general way:(1) the nature and extent of the property to be disposed of; (2) the testator's relation to those who would naturally claim a substantial benefit from his will; and (3) a general understanding of the practical effect of the will as executed.Labels:
A Will can be rescinded if testator executed it based on irrational belief
If the testator or testatrix (male or female person who executes a will) changes their will because of a spontaneous conception and acceptance of a fact which has no basis in fact except in the imagination of the individual, and the individual persistently adheres to the belief despite all evidence and reason then the court may revoke the will by ruling that the individuals belief was an insane delusion.Formal Notice in Probate Requires Informed Response
You are the beneficiary in a probate proceeding and you receive a document from the probate attorney via certified mail. Do you need to take any action?Adversarial Probate Proceedings
Probate litigation often involves “adversarial proceedings.” Many people do not understand how “adversarial proceedings” operate within a probate proceeding. However, understanding how adversarial proceedings work will help you to understand your case.General
But should I choose an attorney off the internet?
Recently I was speaking with a potential client about estate planning. I always ask people I am privileged to speak with how they found me. This person said “I found you on the internet, but that is not a good way to find an attorney.” This surprised me and I asked her how should you find an attorney? She really did not have an answer. This got me thinking, how should you choose an attorney?Terms and Conditions for use of Website. Matthew A. Linde, P.A. makes available the information and materials on this website, http://www.floridaprobatelitigator.com, (the "Materials") for informational purposes only to the user ("You.”) While we hope the Materials will be helpful as general information, we do not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such. Furthermore, we accept clients only in accordance with mutually agreed upon procedures and render legal advice only after completion of those procedures and when it is legally permissible for us to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. We regularly handle cases in Fort Myers, North Fort Myers, Cape Coral, Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).
Contact Information
Let our legal professionals review your case, and we'll help you obtain the compensation you deserve. Begin your case review by filling out the form below:
Matthew A. Linde, P.A.
12693 New Brittany Blvd.
Fort Myers, FL 33907
Phone: 239.939.7100
Fax: 239.939.7104
Toll Free: 888.643.6514
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FAQs
Adult Guardianship Administration and Litigation
- What does a guardianship cost and who pays for it?
- Dad is giving money away left and right, but his doctor says he has capacity. Is there anything I can do?
Estate Planning
- If I become temporarily incapacitated and enter an hospital, but I have not executed an advance directive or nominated a health care surrogate, who makes decisions on my behalf?
- I just got married, but I already have an estate plan that gives my assets to my kids and my new husband has told me that he does not need or want any of my assets if I predecease him. I do not need to make any changes in my estate plan right?
- But I went to a seminar, had a nice lunch and Fred the seminar guy said . . . .
Guardianship of Property for Minor Child
Probate and Trust Litigation
- My mom died after being married to my dad for many years; (2) soon after mom died a much younger woman (Liaretta) started following dad around; (3) eventually just before dad died he changed his will and made Liaretta the personal representative of the will; (4) we have filed a petition to revoke the will, but we have discovered that the vast majority of assets were transferred to Liaretta before dad died. We are concerned that by the time we get to trial on the will contest, Liaretta will have spent or transferred the funds she duped dad into transferring to her before he died. What can we do?
- The trustee is incompetent and will not give me information. What can I do?
- What types of litigation could involve the probate estate of a deceased person?
