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How does mental capacity affect the validity of a Will or Trust?
By: Coleman P. Hengesbach, Esq.
Under Florida Law, granted a person is 18 years of age or an emancipated minor, they may only make a will if they are of “sound mind”. But, what does...
Understanding Florida’s “Elective Share” Option
By: Seton T. Hengesbach, Esq.
Spousal rights are engrained in Florida law. One powerful right is Florida’s Elective Share (Fla. Stat. Sec. 732.201). This law provides that when your spouse dies you are entitled to at l...
Guardianship of the Minor – When is it Required, and How Can I Avoid it?
By: Jason T. Zandecki, Esq.
There are three main types of guardianship over a minor: Guardianship of the Person, Guardianship of the Property, or both. A Guardianship of the person is similar to a child custody case, and is an opt...
Challenging A Will In Florida
By Coleman P. Hengesbach
The death of a loved one can carry a host of emotions t...
What are the steps to remove a Personal Representative of an Estate?
By Coleman P. Hengesbach
Serving as a Personal Representative is an important responsibilit...
Can I request an accounting of my trust?
By Seton T. Hengesbach, Esq.
Absolutely. Often times, beneficiaries are left in the dark ...
How long do I have to challenge a will?
By Seton T. Hengesbach, Esq.
Failure to act quickly can prevent you from challenging a wi...
Were you cheated on your real estate commission?
By Coleman P. Hengesbach, Esq.
Most real estate brokerages represent their sellers ...
Do I need an attorney to challenge a will or trust?
By Coleman P. Hengesbach, Esq.
If you find yourself in a position where you were cut ...
What are signs of “undue influence” in cases involving Wills and Trusts?
By Coleman P. Hengesbach, Esq.
Far too often a loved one learns that their mother or ...
I received a “Waiver of Notice”. What does that mean?
By Coleman P. Hengesbach, Esq.
It has been a few weeks since your father’s passing,...
What are common “red flags” in Undue Influence Cases?
By Coleman P. Hengesbach, Esq.
In almost all cases involving challenges to a will or ...
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