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WHEN IS PROBATE NECESSARY IN FLORIDA?

Probate, explained quite simply, is the legal process by which the Court oversees the appointment of a personal representative who is responsible for gathering the deceased person’s assets and distributing them to pay creditors and administration expenses before final distribution to the beneficiaries or heirs. (See What is Probate?) Contrary to popular belief, however, not all Florida estates require probate. Generally, if a person dies owning property in his or her individual name alone, then probate...

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WHAT IS TESTAMENTARY CAPACITY?

In Florida, testamentary capacity is necessary to execute a valid Last Will and Testament. Testamentary capacity is less than that required to establish other valid contracts such as a that required to execute loan documents or to purchase a home.

that burden is met by a showing that it is more probably than not that, at the time of execution of the will, the testator understood, in a general way, the nature and value of his property and his relations to those persons who would naturally have some claim to his estate....

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Financial Exploitation of the Elderly – What are the signs?

Many people may be aware of the growing problems involving financial exploitation of the elderly, but don't know when it's happening to them or a family member until it's too late. It's important to be aware, in matters of financial exploitation of the elderly, what are the signs? What are some of the common themes and signs to look for to determine if a member of your family is being exploited due to their age or other infirmity? According to Florida's Department of Elder Affairs, Florida's official...
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South Florida Probate Litigation

South Florida, including Miami-Dade, Broward and Palm Beach Counties is a hotbed for probate litigation cases due to the large number of wealthy retirees that have come here to live out the remaining years of their lives. As a result, many of these wealthy retirees pass away as residents of South Florida, which generally means the South Florida probate courts would have jurisdiction over their estates. While many of the estates will proceed as an uncontested probate or trust administration, many more will not. So what is probate litigation...
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Legal Reasons for Contesting a Florida Will?

LEGAL REASONS FOR CONTESTING FLORIDA WILLS The following are the most common grounds that exist for contesting a Florida Will
  1.  Testamentary Incapacity at the time of execution
  2.  Mistake of Fact in execution
  3.  Undue Influence or Duress
  4.  Failure to comply with Florida's execution formalities
  5.  Fraud 
See Florida Will Contests for more detailed information on how to contest a Florida Will or contact the Law Offices of Christopher P. Taylor, P.A. to discuss your case for contesting a Florida Will.    ...
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