Florida Will Contest Archives

Probate Litigation | Personal Representative Liability

Written by Thomas Upchurch | August 19, 2020

Serving as personal representative for a Florida estate is a big responsibility. Those who have been appointed personal representative are often concerned about

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

Florida’s Presumption of Undue Influence in Will Contests

Written by Thomas Upchurch | November 18, 2019

A Florida will is meant to ensure that the deceased person’s wishes are carried out. But, when the testator is subjected to undue

Per Stirpes: What It Is and How It Applies to Your Situation

Written by Thomas Upchurch | October 17, 2016

Have you ever heard a lawyer use the term “per stirpes?” Or have you seen it used in a Will or a Trust

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

Written by Thomas Upchurch | November 10, 2014

The pretermitted child statute was enacted by the Florida Legislature to allow a pretermitted child who was unintentionally left out of a Will

Trust Litigation: Renunciation is Not Required in Challenging Self-Settled Trust

Written by Thomas Upchurch | September 02, 2014

Are you aware that under most circumstances that if you challenge the validity of a Will or a Trust, then you’re required to

Daytona Legal Blog