Florida has an aging population and planning for incapacity is an important  aspect of any estate plan. What will happen if you do not have a health care surrogate ? Who do you think makes those decisions for you? Your spouse, your kids, your parents? The short answer is it depends and its not something that should be left up to chance as illustrated by the tragic case of Terry Schiavo about ten years ago dealing with incapacity and lack of preparation. Unfortunately this is not an uncommon case, it is just a well known example of poorly planned estates or lack thereof that tell heirs nothing about what to do in the event of incapacitation. 

Florida homestead is a curious beast.  Many estate lawyers Palm Beach just don’t understand Florida homestead.  Here are some considerations if you sell the Florida house.

Involved in an attorneys fee Palm Beach dispute?  Did a Palm Beach lawyer fire a client or vice versa:  did a client fire a lawyer?  There is a March 11, 2015 Miami appeals court decision just handed down oncharging liens.   What do you need to know about charging liens in Florida?

Are  you a business owner involved in commercial litigation like a contract dispute?  Palm Beach employment litigation? You may want to read today’s (March 25, 2015) 4th District Court of Appeal opinion regarding Florida employment law, an employer’s contention, andemployment grievance procedure.

If you have ever been involved in probate or estate litigation in South   Florida you probably are aware of your attorney’s right to seek fees from the trust of estate funds. Unlike personal injury or employment matters these fees are not “contingent” or based on success in the underlying matter. The US Supreme Court has now agreed to decide the question ofwhether or not lawyers make such “fee applications” are entitled to be paid for the time and effort spent pursuing these fees. In other words are lawyers entitled to fees for fees?

If you are seeking a lawyer in Florida you will likely be asked to sign a letter of engagement which is basically the contract that outlines your representation with your attorney. It is important to read these carefully they set out what you will have to pay your Probate Attorney and when. There are several different fee structures and several things to concern yourself when reviewing your letter of engagement. 

Are you involved in a wrongful death case Palm Beach?  Or do you seek a declaratory judgment from the local probate court Delray Beach?  If so, and if you had a “deal” to split the wrongful death money, be cautious: you will want to read this West Palm Beach Probate Appeal opinion just handed down.

I have previously blogged about the fact that Florida allows for Alternative  Dispute Resolution Clauses also known as “arbitration clauses.” This Palm Beach Probate litigator has a few arbitrations under his belt and I am happy to offer a few pros and cons to these rather new clauses. Keep in mind that I cannot offer an exhaustive list that goes on to discuss every possible intricacy of each South Florida Estate Plan. What I can do, is give you some talking points about arbitration clauses in your South Florida estate plan. 

Fla. Stat. 415.1111 provides a civil cause of action (meaning you can start a law suit) against a caregiver or person who stands to gain through abuse of trust or through neglect, deception, or intimidation in order to defraud an elderly victim for money, assets or property. This is a great remedy in Florida for families who fear a caretaker is taking advantage of their loved ones because they cannot challenge a will prior to the death of the loved one. 

Federal law may not be the law that governs wills and trusts, but federal law regarding taxes supercedes states laws and your tax obligations have to get paid eventually, even if it is after you are gone. Goodestate planning includes considering tax consequences of various estate plans both for your estate and the eventual beneficiaries. Any Palm Beach Probate Attorney who is helping you plan your estate should also take the time to explain to you the various taxes you may owe and what this means for your estate.