.jpg)
Toll Free: 888.643.6514 | Local: 239.939.7100
Practice Areas
- Appeals of probate, guardianship and trust issues
- Business/corporate administration and litigation
- Elder law
- ERISA retirement plan beneficiary litigation
- Estate & disability planning
- Estate tax (Form 706) returns
- Federal trust and estate tax planning, audits and litigation
- Fiduciary litigation
- Incapacity and guardianship administration and litigation
- Probate and estate administration
- Probate litigation and will contests
- Revocable and irrevocable trust administration
- Trust and estate federal income (Form 1041) tax returns
- Trust contests and trust litigation
Blog 
Probate litigation and will contests
- If you live in Florida, who has access to your will if you die?
- State trial court cannot take action against personal representative, guardian or trustee without giving the fiduciary notice and an opportunity to be heard.
- Yes you can prosecute and win an undue influence case without the presumption of undue influence.
- Surviving spouses should not be tricked into paying for their deceased spouses debt
- New weapon to set aside a Florida will during contest
- This will contest demonstrates that it is critically important to have a qualified, experienced attorney prepare an estate plan to avoid endless litigation.
- The court has authority to sanction meritless claims in probate disputes.
- The lawyer made a mistake drafting the will and dad signed it, and now dad has died! (Part 1)
- 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- A Will can be rescinded if testator executed it based on irrational belief
News
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.
2/11/2013
Comments (0)
Comments (0)
If you live in Florida, who has access to your will if you die?
If you live in Florida, who has access to your will or trust when you die? Do individuals who may not like what your will says have access to when you die.Category: Probate litigation and will contests
State trial court cannot take action against personal representative, guardian or trustee without giving the fiduciary notice and an opportunity to be heard.
In state court proceedings, the court cannot take any action against a personal representative, guardian or trustee unless the court gives that fiduciary notice of the specific hearing and the opportunity to be heard.Category: Probate litigation and will contests
Yes you can prosecute and win an undue influence case without the presumption of undue influence.
Many attorneys incorrectly assume that if you cannot establish a presumption of undue influence then you don't have a case. This is not correct.Category: Probate litigation and will contests
Surviving spouses should not be tricked into paying for their deceased spouses debt
If your spouse has died with debt, and if you the surviving spouse did not incur that debt, then don't be tricked into paying money to a ruthless creditor!Category: Probate litigation and will contests
New weapon to set aside a Florida will during contest
A Florida will can now be attacked by claiming that the testator or testatrix did not intend to sign a will containing the provisions actually in the willCategory: Probate litigation and will contests
This will contest demonstrates that it is critically important to have a qualified, experienced attorney prepare an estate plan to avoid endless litigation.
The Estate of James Brown is a good example of why you need qualified counsel to set up your estate; the will contest just keeps going and goingCategory: Probate litigation and will contests
The court has authority to sanction meritless claims in probate disputes.
Probate disputes can be intensely emotional. It is not uncommon in a litigated probate dispute to find one party making false claims that lack any factual basis. However, a recent district court of appeals decision reaffirms the trial court judge's right to sanction the behavior of litigants who make claims without a factual basis.Category: Probate litigation and will contests
The lawyer made a mistake drafting the will and dad signed it, and now dad has died! (Part 1)
If the person signing a will or trust doesn’t completely read the document, but then signs it and the executed document contains mistakes that reduce what I as the beneficiary would have received, what are my options?Category: Probate litigation and will contests
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.Category: Probate litigation and will contests
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.Category: Probate litigation and will contests
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?Category: Probate litigation and will contests
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.Category: Probate litigation and will contests
Common Signs of Undue Influence
will contest, undue influence, probate litigation, trust, challengeCategory: Probate litigation and will contests
Contact Information
Let our legal professionals review your case. 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
Get Directions
Videos
Video of Matthew A. Linde discussing undue influence case with Lee A. Linde from 1994.FAQs
Probate litigation and will contests
- In a will contest, will challenge, will dispute or lawsuit to set aside a will because the will was procured by undue influence, how do the courts interpret the term "active procurement?"
- Are there any limitations that govern when I can attempt to remove a personal representative?
- Why can't I just tell the judge what happened and get this lawsuit over with?