Larry Tolchinsky | January 5, 2012
Last month, we posted about the reality that most folks do not have life plans in place – and this is a bad decision for them and their loved ones. No one wants to think about a health crisis, or death, or being incapacitated for a time, but the truth is that these things happen [...]
Larry Tolchinsky | December 6, 2011
It’s that time of year again, when travel plans are made and gifts are bought … and for those handling the family finances, there are those end of the year planning considerations: things like finalizing charitable donations to be made for the 2011 taxable year. Unfortunately, as a recent poll confirmed what many Florida probate lawyers [...]
Larry Tolchinsky | October 13, 2011
It is true that Florida probate lawyers compete with online will services and companies that publish generic forms for Last Wills and Testaments. Some of those who will be reading this article will respond with a knee-jerk reaction that any warnings from a Florida probate attorney are biased and self-serving. However, that’s not true. The [...]
Larry Tolchinsky | September 13, 2011
The Florida Legislature has been very active this past year in passing all sorts of major changes to existing Florida probate laws. The law makers have been doing this in several areas; however, one area of major change that is going to impact almost every Floridian involves the recent law changes involving wills and inheritance [...]
Larry | January 13, 2010
In South Florida, especially, the law is particularly sensitive to the many distinct abuses that may be perpetrated against the elderly, including physical mistreatment, neglect and undue influence. To be sure, undue influence is much harder to spot than physical mistreatment and neglect, and is even harder to prove in a court of law. The [...]
Larry | January 4, 2010
If you are appointed a Florida Personal Representative to administer a deceased person’s estate, you may have to deal with creditors’ claims against the estate, which can be tricky. If possible, you should engage a licensed Florida probate attorney to represent you. Doing so will ensure that the estate’s assets are adequately protected from illegitimate [...]
Larry | December 3, 2009
A client contacted me the other day with a very interesting situation. His father was a citizen of Canada and maintained a winter home in South Florida. His father had named him on the deed to the property so that it would pass to him upon his father’s death. And while this kind gesture might [...]
Larry | November 19, 2009
If a Testator was last seen in possession of his Will and, after his death, the Will cannot be found, Florida law presumes that the Testator destroyed it during his lifetime and thus “revoked” it. A proponent of the Florida Will, likely a beneficiary, may rebut this presumption by establishing that the Will was destroyed [...]
Larry | October 2, 2009
As a Broward County probate attorney, I represent personal representatives (PRs) in the managing of their recently deceased loved ones’ (decedents) estates. My clients often approach me with concerns about bills/ notices they periodically receive for the decedents’ unpaid debts, such as hospital expenses, credit card balances, utility costs, etc. If you’re facing a similar [...]
Larry | September 3, 2009
Hiring one attorney is tough enough, financially and otherwise, but hiring two attorneys, a Broward County Probate attorney and a Real Estate Lawyer, for a single matter – that’s downright painful! And yet, I am often contacted by clients whose attorneys have opened probate on their behalf, but have advised them to consult a separate [...]
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