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Will Contests: Who Pays For Attorney Fees?

If I Successfully Bring A Will Contest Case, Does The Estate Pay Attorney’s Fees? Video Transcript: If you are successful in setting aside a will,you have, in essence, provided a benefit to that estate; and a benefit to the court in establishing what was the proper will for that deceased ...

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How Can My Homestead Be Subject To Creditor Claims?

Attorney Jeffrey P. Coleman explains situations where a rightful claim could be made against a homestead in Florida. Video Transcript: Assuming that you have resided in your home for a period of approximately three years and that it meets the definition of the homestead (this deals with a certain size limit if ...

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What Happens When A Will Is Declared Invalid Or Void In A Will Contest Case?

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How Can A Will Be Upheld In A Will Contest Case?

Attorney Jeffrey P. Coleman explains the conditions that would cause a will to be upheld in a will contest case. Transcript: A will can be upheld in a will contest by surviving the attacks that are brought against the will by the contestant. As we know, there are a number ...

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What Is Independent Legal Advice Within The Context Of A Will Contest Case?

Attorney Jeffrey P. Coleman elaborates on how independent legal advice is important to will contest cases and who to acquire that advice from. Transcript: In a will contest case, one of the phrases you’ll hear by attorneys (that that are familiar with this kind of work) is they say “it’s ...

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Will Contests: Using Witness Testimony

Attorney Jeffrey P. Coleman describes how witness testimony plays an important part in a will contest case and the types of witness testimony that exist. Transcript: Lay witness testimony as versus expert witness testimony is critical. Lay witnesses can help establish the changes in the person, the decedent, the ...

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What Court Has Jurisdiction Of A Will Contest In Florida?

Attorney Jeffrey P. Coleman details the court that handles probate litigation matters and the type of judge they usually employ to handle the case.  Video Transcript: In Florida, the original jurisdiction for a will contest is handled by the circuit court level and that would generally mean that you would ...

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How Long Does It Take To Resolve A Will Contest Case?

Attorney Jeffrey P. Coleman clarifies the amount of time and effort that it can take to resolve will contest cases in court.  Video Transcript: Will contest cases can be very, very time-consuming and involved. It is always preferable that when members in a will contest can get together and try ...

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Will Contests: The Role of Undue Influence

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 ...

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Will Contests: Understanding Undue Influence

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 ...

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