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Articles Posted in Probate Litigation

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Tortious interference of a testamentary expectancy

Tortious interference of a testamentary expectancy is a “tort” or a wrongful act that causes economic harm to another person, and allows for compensatory and punitive damages. The plaintiff must prove the following elements to establish a claim for the Tort of Intentional Interference with Expectancy: decedent had a fixed intention to…

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Jacksonville Probate Attorney: Missing Beneficiaries

Jacksonville Probate: How to Handle Missing Beneficiaries Jacksonville probate attorneys often deal with a beneficiary that is alive, but no one knows this person’s address.  If a beneficiary goes missing or cannot be found, then there are a few options including using professional heir search companies. The first place to…

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Can You Be Punished For Bringing A Lawsuit in Bad Faith Against An Estate?

A will or trust is one of the essential documents that every person should create.  These documents dictate how a person’s assets should pass after death to a personal representative or a trustee.  However, will and trusts are sometimes contested by family members when the documents are legally invalid, or…

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Medicaid Liens On A Plaintiff’s Wrongful Death Award

Florida medicaid Liens. Florida residents that suffer from injuries caused by another person are lucky because they can often pay costly medical bills through Medicaid if they qualify for coverage.  Medicaid is a government assistance program that provides long-term health coverage to those with low income and few assets.  It…

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Should Florida Enact a Disinheritance Statute to Prevent Elder Law Abuse?

Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population.  One of the growing concerns in the legal community is the rise of elder abuse.   The abuse is frequently under-reported, and worse, the abusers are…

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Florida Case Holds Estate Planning Attorney Must Testify in an Undue Influence Trial

Florida’s 3rd District Court of Appeal held on October 26, 201 that an estate planning attorney must break the attorney-client privilege for  deceased client must by testifying in a will contest trial for undue influence.  The trial court ordered the attorney to testify, and the attorney refused.  The attorney appealed…

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