For many years, litigating parties have engaged in alternative dispute resolution for the purpose of attempting to resolve their disputes without judicial intervention. Mediation, one of the more common forms of alternative dispute resolution, is a process where a neutral mediator “acts to encourage and facilitate the resolution of a…
A recent Florida case, In re Estate of Aldrich, demonstrated the potential consequences of using so-called “Do-It-Yourself” legal forms as a substitute for professional legal advice. The case was centered on the will of Ann Dunn Aldrich, which had been written by Mrs. Aldrich with the assistance of an “E-Z…
A common argument raised by those challenging the validity of a will is that a beneficiary of the will exercised undue influence over the testator. If this is proven in probate proceedings, anything that is received by that beneficiary as a result of his or her undue influence will be…
Will a final judgment in the State of Florida be recognized and given the same effect the judgment would have in a territorial probate court of the United States? Any final judgment rendered in a Florida probate court regarding the validity of a decedent’s last will and testament, for example,…
Did a hospital coerce a reclusive copper heiress to give away part of her $300 million dollar estate? That is what relatives of Huguette Clark are claimed in a suit filed in Manhattan Surrogate’s Court. Ms. Clark was admitted to Beth Israel Medical Center in Manhattan in 1991 when she…
In Florida, a beneficiary under a will or trust can only inherit property from a decedent if the beneficiary survives the decedent for a specified length of time. Yet, the advent of the train, automobile, and airplane brought an increase in deaths of closely related persons in common disasters, particularly…
Probating a will can be an expensive process when the procedure involves contentious matters, such as will contests, determination of beneficiaries, etc. However, who bears the potentially great cost of such litigation? Does the estate have to pay? Is the estate always responsible for paying the attorney’s fees? Who decides…
When someone passes away and there is probate property, there is always the possibility of a lawsuit. When beneficiaries do not agree on the distribution of the decedent’s property, litigation ensues. Probate disputes are inherently unique: they are wrapped in a shroud of emotion; the issues are complex; the parties…
A person may want to disclaim an inheritance or gift in order to maximize gift and estate tax exclusions, or simply because he or she does not want the property and/or the resulting tax burden. A disclaimer is a refusal to accept an interest in the power over property, including…
With estate tax rates that could reach 55 percent in 2013 along with a falling exemption, it is not surprising that taxpayers will look for every way possible to reduce their tax burden, and one potential way of accomplishing this is with deductions. Typically, after an estate is valued, it…