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.

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.

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.

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