Legal Articles, Wills & Probate

Florida Special Needs Trusts

If you or a loved one is receiving asset or income-based government benefits, it is good to team with a knowledgeable estate planning attorney to ensure that any inheritance or other assets do not get in the way of you receiving those benefits.

DEATH, PROBATE AND DUE PROCESS: Do the Notice Requirements Under the Florida Probate Code and Rules Pass Constitutional Muster

In Florida, a procedure exists allowing the person seeking to administer the estate of a decedent (the “petitioner”) to resolve certain issues before the issuance of letters of administration. Fla. Stat. §733.2123; 7 Fla. Pl. & Pr. Forms §50:55 (2015). One of those issues is whether the last will and testament offered for probate is valid.

Tortious Interference with an Expectation of an Inheritance A Survey Since Galbreath

The tort of intentional interference with an expectation of an inheritance (IIEI) is one way of remedying wrongdoing by unscrupulous persons who prey upon vulnerable, sick and weak people with wealth. The tort is recognized to advance a public policy for the protection of the testator’s interest in freely disposing of his or her property. In contrast to a garden-variety will contest based on undue influence, where the contestant must establish that the free will of the testator was overborne, a tortious interference claim does not require such a proof. Rather, the focus is on the defendant’s intention: whether the defendant intended to interfere with an inheritance and acted on that intention.

San Antonio News Article

San Antonio News printed the article and interviewed Michael Greer and Shane Langston as counsel for the Conservatorship.

Avoiding Common Estate Planning Mistakes

Avoiding Common Estate Planning Mistakes

Estate Planning for Blended Families

Estate Planning for Blended Families

Using POD and TOD Designations to Keep Assets Out of Probate

Using POD and TOD Designations to Keep Assets Out of Probate

Preparing a simple Will is Basic Family Planning We All Need:

Contact the McMechan Law Firm for a free first consultation for an accurate quote for your Will requirements. While pondering a Will, the McMechan law firm can also prepare a Medical Power of Attorney and a Financial Power of Attorney, or an irrevocable or revocable trust, and there are many reasons for getting trust beyond just avoiding tax and probate.

PET TRUSTS

Does your estate plan provide for your pets? California law allows pet parents to establish pet trusts for the care and support of their pets in the event of incapacity or death.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.