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 | 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 | August 6, 2009
If an individual, the “decedent,” dies intestate (without a Florida will), Section 732.102 and 732.103 of the Florida Probate Code provide for the distribution of assets, first and foremost, to the surviving spouse and lineal descendants (children, grandchildren, great-grandchildren, etc.). So, say an individual dies in Florida with $100,000.00 in his personal checking account and [...]
Larry | April 1, 2009
A self proved Florida will is a will that is executed by the testator in the presence of two witnesses and a notary public. The witnesses attest to the fact, in an affidavit attached to the will, that they witnessed the testator sign the will. Their signatures are notarized along with the testator. The benefit [...]
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