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What Constitutes Undue Pressure or Influence in Florida?

Undue influence or pressure is a legal cause of action that can be used to invalidate a will or trust in Florida. You can also challenge beneficiary designations for payable-on-death bank and securities accounts in Florida.  If you can win an undue pressure lawsuit, a probate court may be forced to invalidate an entire inheritance …

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How Long Do You Have To Contest Probate in Florida?

If a person passes away without a will, their assets are distributed by probate court according to Florida’s intestate succession laws. However, having a will does not mean you avoid probate court.  Florida probate court governs the disposition of all descendants’ (the person who passed away) estates. Many assets will pass directly to designated beneficiaries …

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What Are the Inheritance Laws in Florida?

In Florida, inheritance laws are based on whether there was a valid, enforceable last will and testament for the person who passed. If they had executed and signed a will, their remaining assets would typically be distributed according to the wishes outlined in the document. However, if someone passes away without a will, their assets …

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Is Breach of Fiduciary Duty a Crime in Florida?

A breach of fiduciary duty occurs when a “fiduciary,” such as the personal representative of an estate, a trustee, or a guardian, fails to comply with the duties created by the nature of their relationship with another person.  A fiduciary relationship exists whenever one person places confidence and trust in and is at some level …

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What Is Texas Estates Code Chapter 308?

Texas Estates Code Chapter 308 is the portion of Texas law that discusses the notice that the personal representative of a deceased person’s estate must provide to beneficiaries and creditors of the estate.  Section 308.002 requires personal representatives to provide notice to every beneficiary that is named in the will 60 days after the date …

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How Do I Get My Siblings Out of Our Deceased Parents’ House?

If your adult siblings refuse to leave your deceased parents’ house, there are legal actions you can take. The appropriate course of action for your situation will depend largely on who inherited the home. For instance, if the sibling did not inherit the home, whoever received ownership can pursue an eviction.  However, under Texas law, …

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¿Qué se considera fraude en un testamento?

El testamento es un documento de planificación patrimonial muy importante. Cuando usted fallezca, su testamento guiará la disposición de su propiedad y activos. Usted también puede designar en su testamento a un representante personal de confianza para que supervise la administración de su patrimonio.  Sin embargo, un testamento inducido o ejecutado mediante fraude no es …

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