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Florida Probate Blog

Posts Tagged: Florida Probate Code

Revisions to Florida Probate Code

Written by on Jul 14, 2009| Posted in: General

The Florida Probate Code recently underwent some critical revisions sponsored by the Governmental Affairs Policy Committee.  These revisions were approved by the Governor and took effect July 1, 2009.  Trust and Estate practitioners will want to take note of these changes in the Code:

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Do I Have a Case? The Presumption of Undue Influence?

Written by on Oct 14, 2008| Posted in: Estate Litigation

Do I Have a Case? (Part Four) As I have indicated in prior posts, there are certain categories of evidence that I look for in order to prove undue influence, which has been defined by Florida courts as conduct amounting to overpersuasion, duress, force, coercion, or artful or fraudulent contrivances to such a degree that the free agency and will power of the testator is destroyed. In re Carpenter’s Estate, 253 So. 2d 697 (Fla. 1971). In Florida, the legislature has created a presumption of undue influence.  What does this mean?

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Florida Inheritance: Rights of Child born as Result of IVF after Death of Parent

Written by on Sep 20, 2008| Posted in: Probate Litigation

FLORIDA INHERITANCE Should a child have protected rights to property and inheritance where the child was created as an embryo through in vitro fertilization during his parents’ marriage, but implanted into his mother’s womb after the death of his father? FINLEY vs. ASTRUE A recent case illustrates the difficult policy and legal considerations that factor into resolving these challenging cases: Amy and Michael Finley were married in 1990 and during the course of their marriage pursued fertility treatments and ultimately participated in an in vitro fertilization and embryo transfer program. Deep Freeze In June, 2001, doctors produced ten embryos using Ms. Finley’s eggs and Mr. Finley’s sperm. Two of the embryos were implanted into Ms. Finely’s uterus and four embryos were frozen for preservation. Ms. Finley later suffered a miscarriage of both of the implanted embryos. Life and Death Mr. Finley died intestate on July 19, 2001 and shortly thereafter, […]

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