Florida Probate Litigation Archives

Florida Probate | Probating a Copy (Lost) Will

Written by Thomas Upchurch | December 01, 2019

Creating a will is intended to ensure that the testator’s wishes are carried out after he or she dies. Ideally, the testator will

Elective Share: Doing the Two-Step to Determine Elective Share for a Widow

Written by Thomas Upchurch | January 11, 2017

What is a Widow’s Elective Share in Florida? Florida elective share law is intended to protect a surviving spouse who has been disinherited

A Will Contest in a Summary Administration with Original Codicil Destroyed

Written by Thomas Upchurch | February 22, 2016

Do you know a loved one whose estate planning documents disappeared due to one of the family members being left out of the

What Does a Personal Representative Do If There Aren’t Enough Funds to Pay Class 8 Creditors?

Written by Thomas Upchurch | January 08, 2016

First, the Personal Representative Attorney would determine which assets are probatable. For instance, if there was a homestead that the decedent still claimed

Probate and Trust Litigation: Undue Influence And Voracity Leaves Third Spouse Empty Handed

Written by Thomas Upchurch | October 30, 2015

Today’s estate planning entails a mixed family of children from previous marriages and previous spouse’s entitlement to portions of life insurance policies, real

Probate Litigation | Creditor’s Claims Must Be Filed Timely

Written by Thomas Upchurch | October 04, 2015

Timeliness of filing creditor’s claims is crucial. Otherwise, a creditor may be forever barred from filing a claim against the decedent’s estate. In

Daytona Legal Blog