If you suspect a will does not reflect the true intentions of the deceased, there are several legal grounds to fight a will in Fort Lauderdale. One major basis is undue influence—when someone manipulates or pressures the deceased into distributing their estate in a way that benefits them unfairly, diverging from what the decedent would have done independently.

Another critical factor is lack of testamentary capacity. If the person making the will was suffering from mental or physical conditions that impaired their judgment, the will may be declared invalid due to incapacity. Forgery or falsified documents can also invalidate a will. This includes forged signatures or altered content that misrepresents the true wishes of the deceased. Fraud is another serious issue such as when someone tricks the testator into signing under false pretenses or with incorrect information.

Additionally, mistakes or errors whether from confusion or unawareness that the document was a will—can render it contestable. Lastly, if the will was created under threats or force, it can be legally challenged for being made under duress, not free will.

By: Justin C. Carlin, Esq.

Chapter 744 of the Florida Statutes outlines the procedures for having someone declared legally incapacitated and appointing a “guardian” to make some or all decisions for the alleged incapacitated person (referred to as an “AIP”).  This process is known as “involuntary guardianship.”  The process begins when the person alleging incapacity files in Circuit Court both a petition to determine incapacity and a petition for the appointment of a guardian.  READ MORE

Custodial accounts may be created under the Florida Uniform Transfer to Minors Act, see §710.101, et seq., Fla. Stat (2018) (the “UTMA”), so that an adult (the “custodian”) is placed in charge of a minor’s funds until the minor reaches the age of 18 years.  Such an account is frequently utilized by parents as part of a general estate plan or is the result of divorce proceedings in which the parents agree to set aside funds for their child or children. READ MORE

By: Justin C. Carlin, Esq.

Capacity usually refers to a natural person’s legal ability to make binding agreements relating to their rights, duties, and obligations, such as entering into contracts, getting married, or executing wills.  For example, minors lack the capacity to enter into binding contracts and to execute wills, and certain mental conditions may render a person incapable of testamentary capacity.  Agreements made by persons who lacked capacity can be either void (invalid from the beginning) or voidable (capable of being invalidated).  In the area of probate, trusts, and estates, testamentary capacity is an important concept to keep in mind when trying to affirm the validity of a will or to attack its legality. READ MORE

By: The Carlin Law Firm, PLLC

The infographic below explains what to look for in a trust litigation attorney. The best way to financially protect an elderly individual is by establishing a trust.  However, they may be invalidated by a court if the trust instrument was executed based on another’s undue influence or at a time when the decedent lacks capacity. READ MORE

By: Justin C. Carlin, Esq.

Families are often a source of great joy in our lives, but there may be times when family matters may cause us unnecessary and unpleasant grievances.  This is especially true when it comes to money.  Older family members pass away, at times leaving a large estate behind for the survivors to argue over.  The manner of distribution of a decedent’s estate can be determined by a valid will or, when none exists or a will is considered invalid, by the laws on intestacy. READ MORE