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Articles Posted in Will Contests

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B.B. King, a music legend – Undue Influence and Capacity in real life

B.B. King Estate Fight: One Year Later and No End in Sight Legendary blues musician B.B. King passed away on May 14, 2015 due to congestive heart failure at the age of 89.  In a will created in 2007, King named his longtime business manager, Laverne Toney, as the executor/personal…

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Personal representative designation in Last Will and Testament – Convicted Felons

Florida Limitation on Convicted Felons Serving as Personal Representatives in Probate Administration When contemplating preparing a last will and testament, there are many options that have to be considered before drafting can begin. One important consideration is deciding who to nominate as the personal representative of your estate. A personal…

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Adult Adoptions as an Estate Planning Tool

Many people utilize a will, a trust, or some other standard form of estate planning to ensure that their loved ones are provided for upon their death.  However, in Florida, individuals have an additional estate planning tool: adult adoptions.  Under Florida Statute § 63.042, a husband and wife, an unmarried…

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Do You Have a Claim for Tortious Interference With an Expected Inheritance?

Tortious interference with an expected inheritance occurs when someone intentionally prevents, through fraud, duress, or other tortious means, another person from receiving an inheritance or gift that other person otherwise would have received. Many states today, including Florida, recognize the tort of tortious interference with an expected inheritance. Even the…

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Insuring Your Final Wishes Through Proper Estate Planning

The consequences of will disputes range from the goals of the individual who created the will being greatly frustrated to failing completely, which is a shame because a will represents a person taking the time and energy to memorialize his or her last wishes in a testamentary instrument. However, poor…

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The Blind Side: Former South Carolina Gamecock Coach’s Children Claim Undue Influence in Probate

SEC football is known for its national championships, sensational athletes, and jaw-dropping hits. With this in mind, it is no surprise that the children of Jim Carlen, former coach of the South Carolina Gamecocks, are fighting back after being blindsided by the probate of a will that left them nothing.…

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