by Clay Roesch | Aug 27, 2015 | Blog
In In re: Estate of Carpenter, 253 So. 2d 697 (Fla. 1971) the Florida Supreme Court set forth a non-exhaustive list of factors courts should consider when determining whether an individual actively procured a change to a will or trust. Those factors are: (1) the...
by Clay Roesch | Aug 19, 2015 | Blog
Often, the circumstances underlying a change in a testamentary gift begin with an elderly parent turning to an adult child for help in their daily activities. Whether it is driving to and from doctor’s appointments or moving into an adult child’s house, such...
by Clay Roesch | Aug 13, 2015 | Blog
In many disputes involving a change to a will or trust made by an elderly individual, it is alleged that the change to the testamentary document was the result of undue influence. Florida law defines undue influence as “over persuasion, duress, force, coercion, or...
by Clay Roesch | Jan 4, 2013 | Blog, Commercial & Civil Litigation
Whether it’s serving the receptionist at a corporation or an individual under the age of 15 how can you correct your process server’s mistake? Florida Rule of Civil Procedure 1.070(b) provides that “[w]hen any process is returned not executed or returned improperly...
