How long do I have to challenge a will?

By Seton T. Hengesbach, Esq. Failure to act quickly can prevent you from challenging a will that was procured by undue influence or is otherwise invalid. In many cases, you only have three months to file a will contest. Florida Statute Section 733.212 provides a time...

Were you cheated on your real estate commission?

By Coleman P. Hengesbach, Esq. Most real estate brokerages represent their sellers under an Exclusive Right of Sale Listing Agreement. In most of these real estate contracts, it requires the seller to pay a percentage of the total sale proceeds to the real estate...

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 out of a will or trust, you need to consult with an attorney to evaluate your rights. There is no requirement under Florida law that you need to be represented by an attorney to...

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, or any relative or loved one, and you receive a letter in the mail that includes a document titled, “Waiver of Notice”. Your mind is already clouded with grief due to your father’s...

What are common “red flags” in Undue Influence Cases?

By Coleman P. Hengesbach, Esq. In almost all cases involving challenges to a will or trust due to undue influence, the person being taken advantage of is in a weakened state, both mentally and physically. That is because someone in a vulnerable state is easily...