Estate Planning Blog

Attorney Jeffrey P. Coleman clarifies the meaning of the ‘presumption of influence’, how it affects a will contest case, and how it can be overcome. Video Transcript: The presumption of undue influence is where the contestant in a will contest case has established enough evidence to show that the presumption of …

Attorney Jeffrey P. Coleman describes what ‘undue influence’ means and how it plays a part in a will contest case.  Video Transcript: ‘Undue influence’ is one of the ways that a contestant can seek to have a will set aside. ‘Undue influence’ means that someone improperly affected the deceased person …

Attorney Jeffrey P. Coleman explains how easily a will contest case can be won or lost and the effect of undue influence on the outcome.  Transcript: The standard of proof in challenging a will is what we call the preponderance of the evidence. This means simply that the scales of …

Attorney Jeffrey P. Coleman describes how the burden of proof plays a part in probate litigation.  Video Transcript: The burden of proof in a will contest case is that of the preponderance of the evidence, it means that the scales of justice must tip just slightly towards the person who …

Attorney Jeffrey P. Coleman explains how to choose an attorney for representation when contesting a will in Florida. Video Transcript: In choosing an attorney for a will contest, it’s important that you find someone who has actually handled will contests and disputes involving probate in the past. Not every attorney that prepares …

Attorney Jeffrey P. Coleman describes who the key players are in a will contest case, such as the proponent, testator, decedent, and contestant. Video Transcript: In a will contest case, the decedent is the person who is deceased. That’s the person that we’re contesting the will over.   Video Transcript: …

Attorney Jeffrey P. Coleman details what the “statute of limitations” is in a will contest case and how it can affect the time available to prepare for it.  Video Transcript: In order to file a will contest, there are certain limitations that are defined under chapter 95 of the Florida …

Attorney Jeffrey P. Coleman describes whether any will can be challenged after someone has passed away.  Video Transcript: It is possible for a will to be challenged after your death. That’s why it is so critical that you use the services of a Florida licensed attorney who will be there to …