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Marriage and West Palm Beach Guardianship Litigation

Uncategorized Sep 19, 2017
post about Marriage and West Palm Beach Guardianship Litigation

Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.

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Trust, Estates, and Undue Influence

Uncategorized Sep 19, 2017
post about Trust, Estates, and Undue Influence

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.

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Palm Beach Probate Litigation: When Does the Right to Inherit Vest?

Uncategorized Sep 19, 2017
post about Palm Beach Probate Litigation: When Does the Right to Inherit Vest?

When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.

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Will Estate Tax Be Repealed?

Uncategorized Sep 19, 2017
post about Will Estate Tax Be Repealed?

A September 13, 2017 article in The Washington Post reveals that the white house republican leaders will announce promised tax cut details very soon. In fact, the plan if for them to ” reveal new details of their goal of cutting corporate and individual taxes the week of Sept. 25.” What does this mean for estate tax? Will estate tax be affected? Will estate tax be repealed? What do probate litigators need to know about this possibility?

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When Does a Client’s Consent to a Settlement Agreement Bar a Legal Malpractice Claim?

Uncategorized Sep 19, 2017
post about When Does a Client’s Consent to a Settlement Agreement Bar a Legal Malpractice Claim?

If I signed a settlement agreement in Florida, can I still sue for malpractice? What should my West Palm Beach probate litigator know about malpractice lawsuits and settlement agreements.  If I consent to a marital settlement agreement or a probate contract, am I barred from suing my West Palm Beach lawyers for malpractice? What if my attorney gave me horrible advice when he told me to sign an agreement? When can I sue for malpractice in a Florida probate or family law case? A recent Fourth DCA case, Miller v. Finizio,  discusses malpractice and marital settlement agreements.

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Can I Write my Florida Will by Hand?

Uncategorized Sep 5, 2017
post about Can I Write my Florida Will by Hand?

Florida wills must be in writing and signed at the end of the will by the person making the will, in the presence of two witnesses who likewise sign the will. The will must be typewritten or computer-generated. In other words, Florida courts do not recognize handwritten wills. Handwritten wills are sometimes referred to as holographic wills. Florida Statute 732.502 specifically says that holographic will are not accepted.

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Properly Executing a Florida Will

Uncategorized Sep 5, 2017
post about Properly Executing a Florida Will

What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? What is a holographic will? Does a will need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.

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What is Undue Influence in a Florida Estate or Probate Lawsuit?

Uncategorized Sep 5, 2017
post about What is Undue Influence in a Florida Estate or Probate Lawsuit?

Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.

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