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 | 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 | 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 | August 8, 2009
My latest summary is now posted on AboutFloridaProbate.com and on JDSupra. The summary is called the Florida Probate Process and offers an outline of the steps and documents filed in a Florida Probate. It is comprehensive and addresses some of the most commonly asked probate questions posed by my clients. If you would like more [...]
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