DAVID A. SILVERSTONE

 

FLORIDA PROBATE AND ESTATES LAWYER.

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Incompetency

Even without a showing of undue influence, a will may be challenged on the basis that the testator was mentally incompetent when the will was written and therefore “lacked testamentary capacity”.

In order to be legally competent to write a will, a person must have the “ability … to mentally understand in a general way the nature and extent of the property to be disposed of, and the testator’s relation to those who would naturally claim a substantial benefit from the will, as well as a general understanding of the practical effect of the will as executed.” 

Even if a person has been declared mentally incompetent, it could still be shown that he or she made their will during a “lucid interval”. 

What is the Uniform Anatomical Gift Act?

December 18th, 2019|

What is the Uniform Anatomical Gift Act? Originally established in 1968, the UAGA has undergone multiple revisions, more specifically, they were in 2006 and 1987. The law's implementation followed on the heels of a very [...]

Tortious Interference in Florida Probate

December 18th, 2019|

Tortious Interference in Florida Probate Tortious interference with regards to inheritance law is one of the most important classifications to keep in your back pocket when enduring a FL probate case. It occurs if one [...]

Undue Influence and How it Occurs

December 16th, 2019|

Understanding Undue Influence and How it Occurs If there is an existing relationship between two people, and one of them uses that as leverage to influence the other’s decisions, then that is considered undue influence. [...]

Florida Last Will and Testament Requirements

November 15th, 2019|

Florida Last Will & Testament FAQ A will is a vital document that ensures those left behind are saved the trouble of financial hardships and uncertainties. A will prevents endless fighting over assets by outlining [...]

Florida Probate Rules & Property Disputes

November 2nd, 2019|

Probate & Property Battles Upon Death When someone dies, it’s customary that his or her assets undergo a court-supervised process called probate. In probate court, the estate is verified and administered to be justly distributed [...]

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