FLORIDA PROBATE ATTORNEY and FLORIDA ESTATE SETTLEMENT LAWYER      

Help with FLORIDA INHERITANCE LAW and FLORIDA ESTATE SETTLEMENT

BROWARD COUNTY PROBATE LAW  954 920-2886 

PALM BEACH COUNTY PROBATE HELP 

FLORIDA PROBATE ATTORNEY HELP 866 561-1499 or 954 920-2886 

Florida Probate Attorney and Wills and Estates Attorney David S. Luber is an Estate Planning Master of Laws (LL.M.) and has been a member of the National Academy of Elder Law Attorneys. He is admitted as an attorney to the Florida, Illinois and Arizona bars and a licensed attorney actively practicing probate, wills, trusts and estates, estate settlement and inheritance law throughout Florida. 

David is a member of the Broward County Bar Association, The Florida Bar Real Property, Probate and Trust, Elder Law and Tax Sections, Broward Bar, Probate & Trust sections, a member of the Jewish Federation Professional Advisory Committee which concentrates on Estate Planning and Elder Law, a member of the Board of Directors for the North Dade and South Broward Estate Planning Council and the past president of the estate planning council. 

The law firm assists with Florida Personal Representatives with Florida Probate Administration, Estate Settlement Law, explaining Florida wills law and Florida inheritance rights and whether a person has a legal claim to pursue a Florida Probate Litigation as well as drafting wills and trusts to help clients pass on the maximum inheritance to their desired beneficiaries while incurring the least amount of Tax costs and administrative fees and be able to allow their beneficiaries to receive a Florida Inheritance. 

The firm also assists clients to maintain control over their health care and financial affairs for as long as possible by planning in advance of disability. This is done through health care documents such as powers of attorney, living wills and health care surrogates. By preparing these documents clients are able to let their desires be known and name an agent to act on their behalf and carry out their desires if they are unable to do so. Their named agent would then have a fiduciary duty to act in their best interests or could be sued for abuse of a Florida Power of Attorney.

For client convenience, flexible scheduling is provided including day, evening and weekend appointments. Personal attention is provided to all clients and their individual needs. 

The primary areas of practice for The Estate Planning Law Firm, P.A. are Florida Probate, Ancillary Probate Administration, Wills, Trusts, Inheritance Law, Estate Administration, Estate Planning, Estate Settlement, Elder Law, Powers of Attorney, and Living Wills. Also clients frequently call and have probate attorney help explaining Florida estate law, the rights of heirs and beneficiaries and what legal grouds are for pursuing a Florida Probate Litigation or Florida Will Contest case are.

The primary geography client base of the law firm is serving clients throughout South Florida and clients throughout the country that have family or property in Broward, or Palm Beach Counties although we are often able to assist with Florida Probate and Estate Settlement throughout the state depending on the facts and offer a free consultation to discuss all probate and estate settlement issues. If you need help planning or receiving a Florida inheritance we can help. For any estate settlement or estate litigation issues which our firm is unable to personally assist we can typically see that assistance is provided.  

Florida Estates Law specifically provide that a provision in a will claiming to prevent a Florida Will Contest or Florida Will Challenge is unenforceable.  A Florida will cannot be contested without a legally valid reason however. Other than Florida homestead or elective share issues A Florida testator can bequeath and devise any property they want to anyone they want for any reason. The primary limits on their testamentary freedom though is that it cannot be the product of lack of mental capacity or lack of testamentary capacity. This is a low threshold to meet but if someone does not know the names of their children or the natural objects of their bounty such as a spouse, does not know whether they have a net worth of $1 or $1 billion dollars and do not know what is going around them can all be clear signs of lacking testamentary capacity. This is most often the case with people who are either very elderly, those who are ill and testators on significant medication which impacts them to the estate mentioned above. 

Florida undue influence claims also do happen. This occurs when another person is in a confidential relationship with another such as another family member or caretaker who continually presures or pushes for certain provisions or changes to devises in the testators estate then the influence reaches the point that it is their influence and not the testator themselves who are making the choice and if they change their provisions based on that with the person who was exerting undue influence benefits more than they otherwise would have that can provide a legal reason to challenge a Florida will. The law would be the same to dispute a Florida Trust.

If this happens a Florida Probate Litigation Attorney can assist the client to challenge the Florida Will and seek to have the decedents estate pass as it would have if there had not been any undue influence which can be through Florida intestate succession or through a prior will that otherwise would not have been amended or terminated. A Florida Probate Litigation Lawyer cannot however help someone who feels that they should have inherited property because they were a child or they think that they should have received as much as their sibling. Florida law does not require adult children to receive any particular share of a decedents estate.

If you have any issues arise that arise that are outside of scope of practice of The Estate Planning Law Firm's practice you can still call the firm and get a referral at no cost. In most other legal areas of law we work with quality local attorneys who would focus on whatever the legal problem is. We want to see that the estate settlement goes as is intended with the probate administration being handled properly and if need an experienced probate litigation attorney is available to protect your rights to the estate.