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 | November 15, 2011
In Florida, just like every other state in the country, no one can die without title to their property being affected by state law. It’s primarily to insure that land, stocks, bonds – things like that – are never without proper legal ownership. State laws also extend to personal property, too (the sofa, the jewelry, [...]
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 | 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 [...]
Larry | June 5, 2009
Whenever I open a Broward County Probate, and Miami-Dade County as well, where the estate contains liquid assets such as bank accounts, brokerage accounts, or the proceeds from the sale of estate assets, the court will require the cash assets to be placed in a designated depository pursuant to Florida Statute 69.031. The court restricts [...]
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