The simple example is-if you put language in a will that says-Anyone that contests will shall be disinherited-it would not be a valid clause and would not be enforced.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.
These so called "in terrorem" clauses are not enforceable in Florida. Note however that many other states allow for these challange and you forfeit clauses. So our readers need to know that the law varies from state to state on this issue.
Hope this helps.
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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is
LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Since my colleagues have adequately responded to your question, no more direct answer needs to be given, however one of the purposes of the statute is to reinforce the right or "access" to the courts provision in Florida, which would then permit any party that may have a cause of action to proceed to seek a remedy or justice through our Florida court system.
Also another thought not directly related to this is that many people still feel it is necessary to leave something or at least $1.00 to a child or direct blood relative, when that is not required in Florida; however the drafter would still need to be certain that a child that was born to or adopted by the maker of the Will after the date of the Will, and also the maker's future spouse if any ("pretermitted) would have certain rights if not planned for or considered in a later estate plan or testamentary document. Hope this helps.
An attorney-client relationship has not been established herein and must not be considered legal advice. Licensed attorneys in the appropriate jurisdiction must review all the facts involved and search out the best and most efficient method to proceed. If tax matters have been answered then the above cannot be used to avoid tax related penalties. Please act accordingly.
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