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Toll Free: 888.643.6514 | Local: 239.939.7100
Practice Areas
Blog 
Estate Planning
- Power of Attorney in Florida: Legal Acts Your Agent May Perform
- Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries
- How to Avoid Florida Estate Planning Mistakes
- With Living Trusts, You Still Need a Will in Florida
- 4 Reasons To Get an Advance Directive in Florida
- Questions to Ask Estate Planning Attorneys in Fort Myers, Florida
- How Living Trusts Help You Avoid Probate in Florida
- The Advance Directive in Florida: 5 Things You Should Know
- What You Should Know About Florida Homestead Laws
- History of Codicil on a Will in Florida
Guardianship Administration and Litigation
Litigation relating to Breach of Fiduciary Duties
Probate and Estate Administration
- Probate in Florida: The Time it Takes to Settle a Case
- Probate in Florida: Common Probate Assets
- Florida Estate Planning: Online Accounts and Passwords
- Florida Letters of Administration When a Brokerage Firm is Involved
- When You May Need Letters of Administration in Florida
- Probate in Florida: Why the IRS is Involved
- Probate in Florida: 10 Parties Involved in the Process
- Noticing creditors is a big part of the probate process
- Second District Court of Appeals rules that joint tenancy property is not automatically converted to decedent's homestead because decedent had minor children.
Probate and Trust Litigation
- Surviving spouses sould 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- A Will can be rescinded if testator executed it based on irrational belief
- Formal Notice in Probate Requires Informed Response
- Common Signs of Undue Influence
- Adversarial Probate Proceedings
General
News
- Posted on 1/16/2012Matthew A. Linde is addmitted to practice before the U.S. Supreme Court
- Posted on 12/31/2011Estate Planning in Florida: Keeping Your Beneficiaries Informed
- Posted on 12/30/20114 Things You Should Know About Estate Planning in Florida
- Posted on 12/29/2011Beware of Gift Tax Rules in Florida Estate Planning
- Posted on 12/28/2011Florida Estate Planning: Naming a Guardian for Your Child
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Home
Blog 
- Estate Planning
- Power of Attorney in Florida: Legal Acts Your Agent May Perform
- Avoid Florida Estate Planning Mistakes: Protect Your True Beneficiaries
- How to Avoid Florida Estate Planning Mistakes
- With Living Trusts, You Still Need a Will in Florida
- 4 Reasons To Get an Advance Directive in Florida
- Questions to Ask Estate Planning Attorneys in Fort Myers, Florida
- How Living Trusts Help You Avoid Probate in Florida
- The Advance Directive in Florida: 5 Things You Should Know
- What You Should Know About Florida Homestead Laws
- History of Codicil on a Will in Florida
- Codicil on a Will in Florida vs. a New Will
- Making Sense of Florida Intestacy Law
- How Florida Homestead Laws Can Protect Your Family
- Pre and Post Nuptial Agreements Are Essential
- The Florida requirements for a durable power of attorney are changing
- Does your trust or estate own your tangible personal property?
- Florida appellate court holds that husband and wife can waive homestead rights by signing a joint deed.
- Do I need a trust?
- Probate and Estate Administration
- Probate in Florida: The Time it Takes to Settle a Case
- Probate in Florida: Common Probate Assets
- Florida Estate Planning: Online Accounts and Passwords
- Florida Letters of Administration When a Brokerage Firm is Involved
- When You May Need Letters of Administration in Florida
- Probate in Florida: Why the IRS is Involved
- Probate in Florida: 10 Parties Involved in the Process
- Noticing creditors is a big part of the probate process
- Second District Court of Appeals rules that joint tenancy property is not automatically converted to decedent's homestead because decedent had minor children.
- Probate and Trust Litigation
- Surviving spouses sould 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
- Formal Notice in Probate Requires Informed Response
- Common Signs of Undue Influence
- Adversarial Probate Proceedings
Practice Areas
- Business Litigation
- Estate Planning
- Guardianship Administration and Litigation
- Litigation relating to Breach of Fiduciary Duties
- Elder law
- Probate and Estate Administration
- Probate and Trust Litigation
- Trust Administration
- Tax planning, audits and litigation
News
- Matthew A. Linde is addmitted to practice before the U.S. Supreme Court
- Estate Planning in Florida: Keeping Your Beneficiaries Informed
- 4 Things You Should Know About Estate Planning in Florida
- Beware of Gift Tax Rules in Florida Estate Planning
- Florida Estate Planning: Naming a Guardian for Your Child
- There's More to Florida Estate Planning than a Will
- Matthew A. Linde is invited to speak at the ABA National Conference on Specialization!
- Matthew A. Linde is running for the Board of Governors of the Florida Bar!
- 4 Things Floridians Should Know About Adult Guardianship
- Financial Tips for Surviving Spouses with Inheritances in Fort Myers, FL
- 5 Things Your Florida Estate Plan Should Include
- Considering adult guardianship in Florida? Review the Pros and Cons
- The Time is Now: Take Advantage of the $5 Million Gift-Tax Exemption
- Matthew A. Linde celebrates 10 years as a member of the Florida Bar
- Seniors Might Cut Tax Bill by Writing Off Medicare Premiums
- Appointed executor of an estate? A Tough Task Lies Ahead
- New IRS Estate Rules May Pose a Problem
- Deadline Looms for Charity Tax Break
- Could you benefit from low interest rates?
- Matthew A. Linde, P.A. acquires probatelitigator.com
- Matthew A. Linde is forming an ad hoc committee pursuant to Fla. Bar. Reg. 1-12.1(f)
- Attorney Matthew A. Linde has been invited to become a Barrister at the Calusa Chapter of the American Inns of Court
- Matthew A. Linde, P.A. adds business page on facebook.
- Details of 2010 changes to estate, gift and GST tax law
- See a video of attorney Linde's personal experience with undue influence
- Matthew A. Linde includes videos at floridaprobatelitigator.com
- Matthew A. Linde becomes second attorney in Florida to pass both Elder law and Wills, Trusts and Estates Board Certification Exams in the same calendar year.
- Florida court holds property held in trust is decedent's homestead
- Matthew A. Linde passes 2010 Wills and Trusts Board Certification Exam
- Is congress creating an incentive for death?
- Matthew A. Linde passes 2010 Elder Law Board Certification Exam.
- Matthew A. Linde P.A. creates floridaprobatelitigator.com
Case Results
Document Library
- Estate Planning
- What You Should Know About Power of Attorney in Fort Myers, Florida
- Common Estate Planning Mistakes in Florida (Part B)
- Common Estate Planning Mistakes in Florida (Part A)
- Why Hire Estate Planning Attorneys in Fort Myers, Florida?
- Understanding Irrevocable and Revocable Living Trusts in Florida (Part B)
- Understanding Irrevocable and Revocable Living Trusts in Florida (Part A)
- Your Advance Directive in Florida & Other Essential Documents (Part B)
- Your Advance Directive in Florida & Other Essential Documents (Part A)
- What You Should Know about a Codicil on a Will in Florida (Part B)
- What You Should Know about a Codicil on a Will in Florida (Part A)
- Revisions to Florida’s Intestacy Law That Could Affect Your Estate
- Changes in Florida Homestead Laws Could Affect Your Estate (Part B)
- Changes in Florida Homestead Laws Could Affect Your Estate (Part A)
- The actual Florida Power of Attorney Act (Florida Statutes 709.2101-2118) is listed below verbatim
- Part II; The Florida Power of Attorney Act, Florida Statutes 709.2119-709.2402 is listed verbatim below
- This article summarizes the estate and gift tax provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (hence the “2010 Estate Tax Relief Act”) that was signed into law by the President on December 17, 2010 (PL 111-312, 12/17/2010). However, for information on how you can adjust your estate plan to take advantage of this new law, contact Matthew A. Linde, P.A. today!
- What You Need to Know about Living Trusts
- Probate and Estate Administration
- Probate in Florida: Legal Duties of Personal Representatives (Part B)
- Probate in Florida: Legal Duties of Personal Representatives (Part A)
- Florida Estate Planning: What to Prepare for Your Heirs
- What You Should Know About Letters of Administration in Florida (Part B)
- What You Should Know About Letters of Administration in Florida (Part A)
- What You Should Know About Probate in Florida (Part B)
- What You Should Know About Probate in Florida (Part A)
- What is Probate?
Video Library
Frequently Asked Questions
- Estate Planning
- How important is identifying my assets in the course of estate planning in Florida?
- Why should I assign power of attorney as part of my Florida estate planning?
- What common mistakes in estate planning in Florida should I be on the lookout for?
- I have children and all of my assets are in my spouse's name as well as mine. Should I still work with an estate planning attorney in Fort Myers to draw up a will?
- What is a trust and why might I need to have a Fort Myers estate planning attorney help me to draw one up?
- What is an advance directive and why might I need a Fort Myers estate planning attorney to help me with writing mine?
- Do I need a revocable trust in Florida?
- Why might I need to hire an estate planning attorney in Fort Myers instead of using an online kit to write my will, etc?
- What happens if someone dies in Florida, but they have no will?
- Who can serve as a personal representative in a Florida probate case?
- What does a Florida probate case entail?
- Under what circumstances can a will be challenged in Florida?
- What are Florida's homestead statutes?
- What is a "will," and what exactly are the requirements I have to follow to execute a valid will in Florida?
- How do I transfer tangible personal property to a trust, and why is it important that I understand the answer to this question?
- I have heard that when I die I can dispose of my tangible personal property with a separate written statement. Is that true? If I can do this what are the details.
- 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 . . . .
- What is an advance directive?
- Can I contest the will my mom executed just before she died?
- How important is identifying my assets in the course of estate planning in Florida?
- Guardianship Administration and Litigation
- What is an emergency temporary guardianship, and how long does it take to establish one?
- We have a minor child who is going to receive $50,000.00 from his great grandmother’s trust. We have heard that there are other options to setting up a guardianship of the property for our minor child. What are the other options?
- 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?
- Probate and Estate Administration
- Who supervises the administration of probate in Florida?
- Why does a personal representative in a Florida probate case need an attorney?
- In regards to a Florida probate case, who can be a personal representative?
- When is summary administration not the preferable choice in a Florida probate case?
- What are the 2 types of probate in Florida?
- Why hire a Florida probate lawyer?
- What is a personal representative?
- I received an estate accounting from the personal representative. How much time do I have to object to the accounting?
- My mother just died and my father predeceased him. There are assets in my mother’s name alone. How do I get authority to distribute the assets according to my mother’s will?
- Is there more than one type of probate proceeding? I mean what if my dad/mom left me with a small estate consisting of a house and $50,000.00? Do I have to go through a regular probate or is there an abbreviated option?
- What is an ancillary administration, and when is an ancillary administration necessary?
- Who supervises the administration of probate in Florida?
- Probate and Trust Litigation
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?
- 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?
- But the probate/trust attorney told me that I do not need my own attorney. Is that true?
Staff
Book / Report
- Probate Litigator offers free booklet
- A Non-Attorney's Guide to Challenging a Will or Trust in Florida
- Florida Probate Options - The Insiders Guide
- Common Problems That May Be Lurking in Your Estate Plan
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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
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Videos
Estate Planning:
Attorney Linde discusses some reasons why trusts are frequently oversold.Guardianship Administration and Litigation:
Attorney Linde discusses issues you should consider when deciding whether to petition the Circuit court to determine if someone lacks mental capacityLitigation relating to Breach of Fiduciary Duties:
Basic issues to consider with the durable power of attorney.Probate and Trust Litigation:
Video of Matthew A. Linde discussing undue influence case with Lee A. Linde from 1994.General:
IntroductionFAQs
Business Litigation
Estate Planning
- How important is identifying my assets in the course of estate planning in Florida?
- Why should I assign power of attorney as part of my Florida estate planning?
- What common mistakes in estate planning in Florida should I be on the lookout for?
Guardianship Administration and Litigation
- What is an emergency temporary guardianship, and how long does it take to establish one?
- We have a minor child who is going to receive $50,000.00 from his great grandmother’s trust. We have heard that there are other options to setting up a guardianship of the property for our minor child. What are the other options?
- What does a guardianship cost and who pays for it?
Elder law
- If my husband died with debt, but I, his spouse, did not personally incur the debt, am I liable for the debt?
- I have seen several attorneys state that they practice "elder law." What does an attorney who practices "elder law" actually do?
Probate and Estate Administration
- Who supervises the administration of probate in Florida?
- Why does a personal representative in a Florida probate case need an attorney?
- In regards to a Florida probate case, who can be a personal representative?
Probate and Trust Litigation
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?
