Larry Tolchinsky | November 1, 2012
Whitney Houston prepared an estate plan long ago, back when her daughter Bobbi Kristina was born: she executed a Will that contained something called a Testamentary Trust. She did this because she had numerous assets that she wanted to protect and she wanted to insure the financial future of her daughter. Because of her planning, [...]
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Tags: Florida Law, Florida Probate, Trusts, Undue Influence
Larry Tolchinsky | August 23, 2012
The story that we covered about the new study showing rampant abuse of seniors by their own family members is getting lots of media attention, which is good. National news coverage of the “epidemic” in America today, where elders and senior citizens are being financially victimized and having money and property taken from them by [...]
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Tags: Broward County Probate, Florida Durable Power of Attorney, Florida Trusts, Florida Will, South Florida Lawyers, Undue Influence
Larry Tolchinsky | August 21, 2012
Last week, the Investor Protection Trust released its latest research study and it’s sadly not a big surprise for those who represent the elderly and seniors here in South Florida: according to the IPT, “theft or diversion of funds or property by family members” – that’s right, family members – is the number one way [...]
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Tags: Broward County Probate, Florida Durable Power of Attorney, Florida Probate, Florida Trusts, Florida Will, Undue Influence
Larry | January 13, 2010
In South Florida, especially, the law is particularly sensitive to the many distinct abuses that may be perpetrated against the elderly, including physical mistreatment, neglect and undue influence. To be sure, undue influence is much harder to spot than physical mistreatment and neglect, and is even harder to prove in a court of law. The [...]
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Tags: Broward County Probate, Florida Probate, Undue Influence
Larry | April 15, 2009
I am often faced with estate plan clients who display signs of lacking capacity to execute estate documents, including Florida Wills, Trusts and Powers of Attorney. Through my experience, I have a compiled list of indicators that I look for when determining if a client lacks capacity or is being Unduly Influenced. Those indicators include: [...]
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Tags: Undue Influence