Legal Articles, Wills & Probate
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.
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.
What You Need to Know About Probate Estate Administration in Minnesota
This article summarizes the basics of probate law in Minnesota and gives helpful tips for those with questions regarding the probate process.
