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.
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Probate and Trust Litigation

8/14/2010
Matthew A. Linde
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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.

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5/26/2010
Matthew A. Linde
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A Will can be rescinded if testator executed it based on irrational belief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.

Labels: changes a will cut out of will insane delusion undue influence will revoked
5/19/2010
Matthew A. Linde
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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?

Labels: fail to respond formal notice in rem probate court probate proceeding your interest in probate property
5/17/2010
Matthew A. Linde
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Common Signs of Undue Influence

will contest, undue influence, probate litigation, trust, challenge

Labels: Undue influence; improper; confidential relationship; mental weakness; infirmity; unnatural
5/17/2010
Matthew A. Linde
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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.

Labels: adversarial proceeding challenge contest petition probate litigation remove

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