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Florida Probate Blog

Yearly Archives: 2012

How do I contest a Will in Florida?

Written by on May 7, 2012| Posted in: Estate Litigation

How do I contest a Will in Florida? Our office receives communications nearly every day from people asking “how do I contest a Will in Florida?” As with most questions in the law, the answer is “it depends” and it largely depends on the basis for contesting the Will.  Is it because you know the decedent executed a more-recent Will?  Is it because the Will filed was executed improperly?  Is it because the decedent who made the Will lacked capacity at the time it was made?  Is it because the decedent who made the Will was being unduly influenced by someone when it was made?  Sometimes it is appropriate and sufficient to file an Objection to the Petition for Administration or to the Petition to Admit Will but sometimes a law suit (Complaint) challenging the Will is necessary. The best answer to the question “how do I contest a Will […]

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Florida Inheritance Dispute Lawyer

Written by on May 1, 2012| Posted in: General

“Florida inheritance dispute” is a general term that may include several types of litigation, including Will disputes (lack of mental capacity and undue influence), tortious interference with an expectancy, elective share litigation, breach of fiduciary duty litigation, trust dispute, and exploitation of the elderly.  If you believe you have a Florida inheritance dispute issue, you should consult with an attorney who limits his practice to this area of the law, which is complicated and requires experience. To read more about Florida Inheritance Disputes, please visit Florida Probate Lawyer.     If you would like a consultation with a Florida Inheritance Dispute Lawyer at Adrian Philip Thomas, P.A., please call (800) 249-8125 to schedule a free consultation.

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Fort Lauderdale Will and Trust Disputes

Written by on Apr 29, 2012| Posted in: General

Fort Lauderdale Will and Trust Disputes Fort Lauderdale, Florida has a large elderly and affluent population making it a hotbed for Will and Trust Disputes.  These cases may include causes of action for undue influence, lack of capacity and tortious interference. Sometimes family members realize after a loved one dies that a long-standing estate plan has been disrupted by someone who has abused a position of trust and confidence with an elderly person.  Other times, family members have to defend against attack by a disgruntled person who has been excluded from an estate plan. Whether the will or trust dispute is being prosecuted or defended, the attorneys at Adrian Philip Thomas, P.A. are experienced in all aspects of will and trust dispute litigation. Schedule a free consultation with an experienced Florida will and trust dispute lawyer.  Call the Law Offices of Adrian Philip Thomas, P.A. toll free at (800) 249-8125.

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Florida Probate Litigation Lawyers

Written by on Apr 23, 2012| Posted in: Probate Litigation

Florida Probate Litigation Florida Probate Litigation law suits in Florida are ones involving estates, trusts, guardianships and probate.  They may involve documents including: Last Will & Testament, Living Trust, Durable Power of Attorney, etc.  These cases are filed on a daily basis throughout the State of Florida.  Many of these lawsuits include counts for undue influence, lack of capacity, and tortious interference but regardless on the title of the lawsuit they all involve some level of exploitation of the elderly.  Exploitation can occur when a person who stands in a position of trust and confidence with a vulnerable adult knowingly, by deception or intimidation, obtains or uses a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.  Ignoring this sophisticated […]

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Creditor Claims in Florida Probate

Written by on Apr 16, 2012| Posted in: Probate Litigation

If you are involved in an estate administration that requires some attention to the collecting or defending of a creditor claim, it is in your best interest to consult with an attorney experienced in the Florida probate process in order to ensure that the proper steps are being taken to prosecute or defend such a claim.

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Tampa Probate Lawyer

Written by on Apr 13, 2012| Posted in: General

Tampa Probate Lawyer Probate lawyers in Tampa share the same concerns as probate lawyers throughout the State of Florida – lawsuits involving wills, trusts, estates, guardianships and other elder law matters.  Tampa is a part of the metropolitan area most-commonly referred to as the Tampa Bay Area and Tampa-St. Petersburg-Clearwater. This four-county area is composed of roughly 2.7 million residents, a substantial number of whom are elderly.  Accordingly, trust and will litigation, probate and guardianship disputes, and other elder law matters arise on a frequent basis.  The attorneys at Adrian Philip Thomas, P.A. find themselves litigating in Tampa almost as much as any other area in Florida.  Mr. Thomas is a well-respected Florida litigation probate and trust attorney and is the managing partner of his boutique, nine-attorney Fort Lauderdale law firm.  Our firm video demonstrates the commitment we have to our clients.  To learn more about our law firm, please […]

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Florida Constructive Trust

Written by on Apr 13, 2012| Posted in: Trust Litigation

A Constructive Trust is an equitable remedy and is created when a court, through application of a legal fiction, deems property formerly held by one who wrongfully obtained the property, to be held in Trust for the one who the property justly belongs to be the beneficiary of the Trust.

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Florida Guardianship Attorney’s Fees

Written by on Mar 30, 2012| Posted in: Guardianship Litigation

FLORIDA GUARDIANSHIP ATTORNEY’S FEES Lawyers in Florida who handle contested guardianships and inheritance disputes concerning Wills and Trusts frequently encounter issues regarding what law is to apply to fee dispute resolutions.  As practitioners, it is always important to provide the correct and applicable law to the trial court so that the issue may be resolved appropriate through application of the correct law in existence at the time the dispute arose to the specific facts and circumstances leading to the fee dispute. A case illustrating the importance of guiding the trial court with the correct law was issued by the Second District Court of Appeals in the Guardianship of Kay RC (Fla. 2nd DCA, case number 2D10-5956, March 9, 2012).  This case involved a lawyer who represented the guardian of the ward.  The guardian discharged the attorney and retained another law firm and the first lawyer applied for fees relating to […]

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Writ of Prohibition Probate

Written by on Mar 29, 2012| Posted in: General

EXTRAORDINARY WRITS IN PROBATE As a Florida Probate lawyer who handles lawsuits involving inheritance disputes with Wills and Trusts in Florida, we frequently encounter situations where we are asked to employ a variety of extraordinary Writs that are available in Florida jurisprudence.  Among the extraordinary Writs is the Writ of Prohibition. Typically, a Writ of Prohibition is issued by a District Court of Appeals to prevent or stop a lower court (county or circuit) from any further action involving a lawsuit.  If the Court of Appeals issues an Order to Show Cause upon receipt of the Writ of Prohibition, the consequences are extreme:  The lower court is prevented from conducting further action until the Appellate Court discharges the Writ. The circumstances under which a Writ of Prohibition can be utilized in the Probate context varies but most frequently it involves a request for the District Court of Appeals to prevent […]

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Virtual Adoption and Probate

Written by on Mar 27, 2012| Posted in: General

Virtual Adoption and its Effects on Estates and the Probate Process Roger dies without a will.  He is survived by his son, Junior, and his purported daughter, Mary.  During a previous marriage, Roger and his first wife had attempted to adopt Mary, who was a young child at the time.  They file the necessary paperwork with the family court, along with the signed consent of the natural mother.  Mary lives with Roger for some time, with Roger treating her and introducing her to other as his daughter.  Unfortunately, before the adoption is finalized, Roger and his first wife divorce, and the adoption is never finalized.  By the time the divorce is final, Mary is no longer a minor and has moved out of Roger’s home to live with her boyfriend.  Fast-forward to the present, Roger’s estate is opened and Junior is appointed as the personal representative.  He now attempts to […]

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