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Yearly Archives: 2015

Florida Court Holds It Can Indirectly Force a Beneficiary to Divest Property under Romanian Law- Indirect Probate of Foreign Realty?

Uncategorized Mar 31, 2015
post about Florida Court Holds It Can Indirectly Force a Beneficiary to Divest Property under Romanian Law- Indirect Probate of Foreign Realty?

Many people in West Palm Beach have property outside of Florida, some even   outside of the country. What happens with that type of property since generally a state probate court does not have jurisdiction over real property situated in another state or country? How is such property administered? A recent Florida case saw a Florida court order that the Florida personal representative should hold the share of a beneficiary in an intestate Florida estate in a restricted account until that beneficiary does what the Court ordered even though some of the property was outside of Florida. 

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Rare Florida Deed Called Lady Bird Deed May Reduce Probate for Families

Uncategorized Mar 31, 2015
post about Rare Florida Deed Called Lady Bird Deed May Reduce Probate for Families

Sometimes known as an “enhanced life estate deed” but colloqiually these are  known as lady bird deeds. What are these and how can they help you avoid Florida Probate? Is there really that much of a benefit to avoiding probate, isnt it just a necessary evil of getting an inheritance? Not quite and a proper estate plan can really make the entire probate process a lot easier, find out more to decide if these estate planning documents may be of use to you as well

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Robin Williams Estate Fight Update: Wife Wants the Wedding Tuxedo.

Uncategorized Mar 31, 2015
post about Robin Williams Estate Fight Update: Wife Wants the Wedding Tuxedo.

The tragic suicide of Robin Williams has been in the news yet again as the  Associated Press of San Francisco reports on a meeting by family members ouside of the San Franisco Superior Court house. A lot of people think about the house and the sports car when they write up the will, even the jewelry is a common concern but what about a family heirloom with little resale value? As this most recent dispute in the Robin William’s estate shows, even non-expensive items may cause family disputes. What can you do to ensure family members are not left fighting over every little asset in your palm beach probate estate plan.

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Palm Beach Probate Lawsuit Over Remains? Wilson v. Wilson: Palm Beach Couple Splits Remains of Son Following Divorce

Uncategorized Mar 31, 2015
post about Palm Beach Probate Lawsuit Over Remains? Wilson v. Wilson: Palm Beach Couple Splits Remains of Son Following Divorce

Was the story about a wise judge (or was it king) splitting the baby  between two upset parties the story of the bible or Palm Beach Probate? Turns out both. A hearing last year in the case of Wilson v. Wilson was meant to determine which parent of a divorced couple would get the remains of their son after his untimely death. A ruling last may actually ruled that the remains could not be split in half.

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Beware of “Probate Paralegals” that offer to help you draft your will WITHOUT an attorney!

Uncategorized Mar 30, 2015
post about Beware of “Probate Paralegals” that offer to help you draft your will WITHOUT an attorney!

I was reading an article from a local newspaper about “probate paralegals” that some people were hiring via sites like craigslist to help in their South Florida Estate Plans. You should know the facts and the dangers of hiring a non-lawyer professional in your Florida will drafting. Whats the worst that could happen? For one, that will may not get admitted to probate. Whats the best that could happen? You saved a few bucks. Is it all worth it?

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Dementia & Undue Influence Overturn Palm Beach Probate –March 2015 Palm Beach 4th DCA

Uncategorized Mar 30, 2015
post about Dementia & Undue Influence Overturn Palm Beach Probate –March 2015 Palm Beach 4th DCA

You just read that rich Uncle from Boca’s last will and testament and something just seems off, shady right? Why would he leave half of his estate to his golf buddy? Wasnt that buddy also acting as a caretaker in his final days? Even weirder, why was this will executed after Uncle Bob already had a valid will? Now the bricks start to add up and you see the wall staring you in the face – was your loved one defrauded in death of their right to share assets with their heirs? This would be an example of undue influence which can be difficult to prove. A March 2015 case, Blinn v. Carlman, out of the Fourth District Court of Appeals highlights what the court looks to when invalidating a last will and testament based on undue influence. 

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Want to Terminate a Trust in Florida? Start by checking out Fla. Stat. 736.04113

Uncategorized Mar 30, 2015
post about Want to Terminate a Trust in Florida? Start by checking out Fla. Stat. 736.04113

What is a trust? In Florida a trust is a relationship whereby property  is held by one party for the benefit of another. A trust is created by a settlor who transfers some of all of his property to a trustee. The trustee holds that property for the trust’s beneficiary. Do trusts last forever? They don’t have to but they can, for example some trusts like the Rockefeller trust show no sign of quitting anytime soon. Can you wrap up a trust if the funds dwindle? The answers can be found in Florida statutes.

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What does a Florida Probate Lawyer Do? 5 Ways Florida Probate Lawyers May Be of Assistance to You!

Uncategorized Mar 30, 2015
post about What does a Florida Probate Lawyer Do? 5 Ways Florida Probate Lawyers May Be of Assistance to You!

What is a Florida Probate Lawyers? Do these lawyers only file things in probate court? Are there licenses limited to practice within the probate courts of Florida? In short, no. Florida Probate lawyers are involved in a vast array of probate related legal services. Just because an issue is in civil court rather than probate court does not mean that a probate lawyer should not be handling the matter. Want to learn more? Check out these five different things that a probate lawyer may be of assistance with. 

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March 25, 2015 Case out of Georgia: 28 Years of Probate and Counting!

Uncategorized Mar 29, 2015
post about March 25, 2015 Case out of Georgia: 28 Years of Probate and Counting!

How long can a Florida Estate Formal Probate take? Obviously  it depends on many factors including the complexity of estate documents , quantity of assets, numbers of heirs and of course estate planning in general. Florida Probate attorneys know that probate can take a long time, but you may be wondering just how long. A case out of the Georgia Court of Appeals this week shows the downside of making all of your five children personal representatives of your estate: a potential for thirty years of probate. 

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