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Florida Probate Blog

Posts Tagged: will contest

Probate Attorney’s Fee Petitions

Written by on Oct 9, 2008| Posted in: Probate Litigation

Fourth District Opinion Suggests Attorney Fee Petitions Are Subject to De Novo Review: An examination of Section 733.106 fee petitions and Duncombe v. Adderly, –So.2d–, 2008 WL 4489234, 33 Fla.L. Weekly D2367a (4th DCA October 8, 2008). The Law The Florida Probate Code provides, at Fla.Stat. §733.106(3), that “any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.” Thus, an attorney who has rendered services to an estate may apply for an award of attorney’s fees. The petition for fees is then reviewed by the probate court, and after hearing, either approved, denied or modified by the probate court.

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What Evidence Points to the Conclusion of Undue Influence?

Written by on Oct 2, 2008| Posted in: Estate Litigation

Do I have a Case? (Part Two) As I have indicated in prior posts, there are certain categories of evidence that I look for in order to prove undue influence and then the case develops and follows the facts that are discovered. Undue influence has been defined by Florida courts as conduct amounting to over-persuasion, 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).

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Florida Will Contest: Can a Will Be Challenged Based On Decedent’s Alcohol and Drug Abuse?

Written by on Oct 1, 2008| Posted in: Probate Litigation

Florida Will Contest:  Can a Will Be Challenged Based On Decedent’s Alcohol and Drug Abuse? Earlier I noted that many will contests center on an elderly Floridian suffering from the infirmities of age and the ingestion of prescription drugs to combat their mental deterioration caused by the progression of the many forms of dementia. Equally important are challenges to the testamentary capacity of a person making a will in Florida where that person is a drug addict and/or suffers from alcoholism.

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Will Execution Florida

Written by on Sep 23, 2008| Posted in: Probate Litigation

WILL EXECUTION FLORIDA Tale of the Tape: Should a Lawyer Videotape the Execution of a Will? I am frequently asked by probate administration attorneys whether they should make a video recording of a will execution in cases where they anticipate there will be probate litigation involving a will contest after the testator’s death. While video recording generally is considered relevant evidence in a trial involving allegations of undue influence and testamentary capacity, I have experience mixed results from the use of these recordings. This is due primarily to the elementary psychological precept that different people perceive the same stimuli and arrive at quite different conclusions. Nevertheless, there are a few fundamental rules to keep in mind when a probate administration attorney decides or is asked to video record a will execution for potential use in a later probate litigation trial. Discretion Remember that the ultimate decision of whether the video […]

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