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Lack of Capacity

What is a Lack of Capacity?

The next type of influence involved in Florida trust and estate litigation is a Lack of Capacity. A lack of capacity refers to the testator’s and now decedent’s mental capacity at the time he or she signed the new will or trust.

Often in these situations, the person who is executing the new will or trust doesn’t understand what they’re signing. And that’s because they’re suffering from dementia or Alzheimer’s. They don’t remember all of their assets. They don’t remember who all of their beneficiaries properly are. They don’t remember their children often times. And you’re able to show and prove this type of evidence by using medical records.

There are often times medical records that will show this person has been diagnosed with dementia, or has been diagnosed with Alzheimer’s, or suffering with a damaged memory. These are the things we use to prove that the person that signed this will or this trust should not have done that because they did not have a full understanding of what it was they were doing.

Other Services

Undue Influence
Lack of Capacity
Tortious Interference

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Contingency fee

Clients pay attorney fees after a case is completed and when it pays out. 

Contingency fee  means that the client pays legal fees when the lawyer and case brings in money from the legal actions taken. Reed immediately begins work on the case to pursue a legal action that will yield financial results. Clients meanwhile are not billed, have to write a check, or pay by credit card to get a case moving. Every case is reviewed and there is no guarantee that it will qualify or be accepted as a contingency fee case but you should find out through talking with Reed.

Contingency fee cases are available for business litigation, and for trust and estate litigation cases.

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Clients pay attorney fees for a project fee where an amount is set based on the work expected for a case.

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Clients pay an hourly rate for a case.

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Hybrid Fee

Clients pay a combination of an hourly rate and a contingency fee for a case.

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