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When does a Florida Estate Qualify for Summary Administration?

Uncategorized Aug 20, 2018
post about When does a Florida Estate Qualify for Summary Administration?

In Palm Beach probate litigation, what is summary administration? When is summary administration available? Is summary administration the best option? If you are the beneficiary of a small Florida estate, you will want to know about summary administration. Your West Palm Beach trust and estate law firm can discuss the pros and cons of summary administration with you.  Summary Administration Florida probate lawyers know that summary administration is a type of probate in Florida. How is it different than the formal Palm Beach probate process? A summary administration does not require that a personal representative, known as an executor in other states, be appointed.In addition, trust and estates lawyers will tell you that summary administration may be less expensive and time consuming than a formal probate proceeding. Can I simply choose summary administration in Florida over a formal probate process?The estate in question has to qualify for summary administration. What does this mean?The decedent must have been dead for more than two years, or the estate must be worth less than $75,000. Is summary administration an available option if the decedent had a Florida will that specifies for a formal probate? No! Want to know more specifics?Click here to read the relevant Florida Statutes regarding small Florida estates.In addition, you should talk to a Florida probate lawyer.

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When You Die, Who Will Have Access to Your Google Account?

Uncategorized Aug 20, 2018
post about When You Die, Who Will Have Access to Your Google Account?

In today’s world, nearly everyone has social media accounts and email accounts. Florida trust and estates lawyers know that, via these accounts, pictures are shared, memories are made, and personal information is discussed. How do I keep my email and social media accounts private once I pass away? Who will have access to my accounts? How do I provide my husband with access so that he can cherish my pictures? Do I need a probate lawyer? Google, for example, has set up a convenient way to insure that the people you intend to have access to these accounts do.

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Mom Steals More Than $13 Million From Her Own Daughter’s Inheritance

Uncategorized Aug 10, 2018
post about Mom Steals More Than $13 Million From Her Own Daughter’s Inheritance

As John Pankauski, managing partner at Pankauski Hauser, always says….your family is going to fight over your wealth when you’re gone and, perhaps, even while you’re still alive.  A recent article by the New York Post discusses a family dispute involving a mother, her child, and her child’s inheritance. Here, the daughter sues her own mother who allegedly used $13 million of the daughter’s inheritance to buy herself a mansion and other luxurious things.

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What if Video Evidence in a Probate Trial Contradicts Witness Testimony?

Uncategorized Aug 10, 2018
post about What if Video Evidence in a Probate Trial Contradicts Witness Testimony?

In probate trials, witness testimony and video evidence can be very important. But what happens if the witness testimony contradicts what a video shows? Can a Florida probate judge choose to believe the witness over a video that literally shows opposite facts? What if a witness testifies that a decedent did not sign her own will, while a video shows that the decedent, in fact, DID sign her will? What if a Florida notary states that she witnessed the decedent signing a deed, when a video shows that the decedent’s sister forged the decedent’s signature on the deed? You may want to read a January 31, 2017 opinion from The Supreme Court of Florida, Wiggins v. Florida Department of Highway Safety and Motor Vehicles. Although this is not a Palm Beach probate or Florida trust case, it is a very important opinion, as probate litigators frequently rely on both witness testimony and video evidence.

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What does your Florida probate lawyer need to know about common law marriage?

Uncategorized Jul 27, 2018
post about What does your Florida probate lawyer need to know about common law marriage?

What is common law marriage? What does your Florida probate lawyer need to know about common law marriage? Does Florida recognize common law marriage? Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?

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When is a guardianship necessary in Orlando, Florida?

Uncategorized Jul 27, 2018
post about When is a guardianship necessary in Orlando, Florida?

What is an Orlando guardianship? Can a Palm Beach guardianship help to protect my mother who has dementia? Should I immediately file for a guardianship in Florida if I believe my mom can’t care for herself anymore? Guardianship lawyers know that guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida guardianship law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?

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Who is Qualified to be the Personal Representative of a Palm Beach or Orlando Estate?

Uncategorized Jul 27, 2018
post about Who is Qualified to be the Personal Representative of a Palm Beach or Orlando Estate?

What does the executor of an estate do? Is an “executor” the same thing as a “personal representative”? Who can serve as the executor of a Palm Beach estate? If your mom dies, how can you be appointed the executor of her estate by the West Palm Beach probate court? What should you probate litigator know about the qualification requirements of being an executor in Florida? If you are asking any of these questions, you should read Florida Statutes 733.302 and 733.303. These sections of the Florida Probate Code explain who cannot serve as an executor or personal representative of a Florida estate. Probate litigators know that, in Florida, the executor is referred to as the personal representative. There are special rules regarding certain people like felons and people who are under the age of eighteen. There’s also a big catch all that probate litigation firms are very interested in: If someone is physically or mentally unable to handle the job of running an estate, they cannot serve as personal representative. For more information about who can be the executor or PR of Florida probate, or who can run a Florida estate, talk to a Florida estate planning or probate lawyer. 733.302 Who may be appointed personal representative.— Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida. 733.303 Persons not qualified.— (1) A person is not qualified to act as a personal representative if the person: […]

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Who Has Standing to Participate in a Florida Guardianship Hearing?

Uncategorized Jul 27, 2018
post about Who Has Standing to Participate in a Florida Guardianship Hearing?

Can you participate in a guardianship hearing of a random person? Who has standing to participate in a guardianship hearing in West Palm Beach? Does the next of kin of the Ward have standing to participate? Can the Ward’s sister participate? How about the Ward’s girlfriend? A guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.

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