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Probate Estate Planning

2 Ways You Can Lose Tenancy by The Entirety Property Protection.

Not all states allow married couples to hold property under the designation of tenancy by the entirety (“TBE property”). But in those states, like Florida, that do, owning real or…

Probate

If You Die Without a Will, who is in Charge of Your Estate?

At the end of a long day where it seems that life is a mess and you’re the one who has to do everything for everybody, did you ever wonder…

Probate

What Can You Do in Your Will?

Maybe you’re wondering why having a Last Will and Testament (“Will”) is so important. Perhaps you think that it’s not really such a big deal. After all, what exactly can…

Probate

Walking a Fine Line: The Difference Between Being a Dutiful Child and Undue Influence.

In Florida, a Last Will and Testament (“Will”) is void, either in whole or in part, if it has been procured by fraud, duress, or undue influence. When a Will…

Probate

Can a Disparity in Mental Acuity between Decedent and a Beneficiary be Evidence of Undue Influence?

Undue influence is a troubling and often complex concept. Not everyone, or every state for that matter, agrees on what constitutes undue influence or how to prove it. One major…

Probate

Due Diligence and Reasonably Ascertainable Creditors in Florida Probates.

The personal representative appointed to administer a decedent’s estate has a lot of important duties to perform. One of these is making a diligent search for all creditors of a…

Probate

3 Common Disputes That Arise Between Beneficiaries and Personal Representatives in Probate Proceedings

It may not surprise you to learn that not all probate proceedings go smoothly. Like other areas of law, trusts and estates has its share of complications and disputes. During…

Probate

Warranty Deed, Special Warranty Deed, Quitclaim…Oh My!: What are the Different Types of Deeds?

One of the most important documents you will ever have in your life —other than your Last Will and Testament (“Will”) of course— is a deed. You may have heard…

Probate

Can the Personal Representative of an Estate be Removed?

When you work with your estate and probate lawyer to develop your estate plan, one of the things you will do is decide who will be the personal representative (or…

Probate

What is Undue Influence and How Do You Prove it in Probate Court?

Sometimes having a Last Will and Testament (“Will”)—even one that has been properly executed— isn’t enough to avoid litigation during probate. One growing area of concern caused by the rapidly…

About The Firm

Since 2011, the Law Officers of Samantha J. Fitzgerald has been helping clients protect their families with estate planning, probate & trust administration. We pride ourselves on combining the personalized service and attention of a boutique firm, with the talent and legal acumen of a large firm.

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Probate

2 Ways You Can Lose Tenancy by The Entirety Property Protection.

If You Die Without a Will, who is in Charge of Your Estate?

What Can You Do in Your Will?

Walking a Fine Line: The Difference Between Being a Dutiful Child and Undue Influence.

Can a Disparity in Mental Acuity between Decedent and a Beneficiary be Evidence of Undue Influence?

Due Diligence and Reasonably Ascertainable Creditors in Florida Probates.

3 Common Disputes That Arise Between Beneficiaries and Personal Representatives in Probate Proceedings

Warranty Deed, Special Warranty Deed, Quitclaim…Oh My!: What are the Different Types of Deeds?

Can the Personal Representative of an Estate be Removed?

What is Undue Influence and How Do You Prove it in Probate Court?

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