Will Contest Archives | Upchurch Law

Can an Ex-Spouse Contest a Will?

Written by Thomas Upchurch | February 24, 2022

“Does an ex-spouse get an inheritance?” is a common question among divorced people in Florida. This is understandable—divorced spouses ordinarily don’t want to

Will Contest: What Determines Whether A Child Is A Pretermitted Child?

Written by Thomas Upchurch | September 22, 2021

Updated Sept. 2021 Although parents try to do what is best for their children, mistakes sometimes happen. One example is when a parent

Disinherited Children and Will Contests

Written by Thomas Upchurch | September 10, 2021

As everyone knows, familial relationships can often be complicated and challenging. Sometimes, tension within families boils over and leads parents to take drastic

Florida’s Elective Share and Homestead Laws

Written by Thomas Upchurch | August 26, 2021

Following the death of a spouse, Florida law entitles the surviving spouse to a share of the deceased spouse’s estate—regardless of the terms

The Elective Share with No Prenuptial Agreement: Are You Really in Control of Your Estate Plan?

Written by Thomas Upchurch | July 27, 2021

Prenuptial agreements, popularly thought of in the context of divorces and family law, have significant effects on estate plans. Specifically, prenuptial agreements can

Understanding the Legal Rights of Florida Will Beneficiaries

Written by Thomas Upchurch | March 22, 2021

When you’ve been named as a beneficiary in a Florida will, you may be unsure about what’s required of you and what rights

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