Melanie Nash, 53, was one of four accused in the plan to open Eddie   Nash’s vault in Colebrook, then rifle through his casket last May in a scene a prosecutor compared to an Edgar Allan Poe story. Police said she felt she was shorted in her share of the inheritance after her father died in 2004. They didn’t find a will in the casket. For the record this is a crime and Nash would be facing a trial this Month had she not pled guilty to charges of criminal mischief, interference with a cemetery, conspiracy and abuse of a corpse.

One of the three men convicted in a Tsawwassen double murder  more than two decades ago is up for parole again next week. Derik Lord, who is now in his early 40s, was one of three teens convicted in the slayings of his friend’s mother and grandmother in a murder-for-hire inheritance plot in October of 1990. Although they get their attention from the criminal court, these cases also effect Florida Probate. Learn the different ways a homicide (criminal, intention murder) can change a Florida Probate.

If you die without a will and your married in Florida your spouse  gets everything  (assuming you had no children from other marriages). Even if you have a will you probably leave your spousea sizeable piece of your estate. In fact, if you do not leave your spouse anything (even if you do) they have a right to an “elective share” of 1/3 of your estate! That issometimes a lot of money. What happens if you tempt fate and murder your spouse? Is the marital property yours? In a strange decision the Florida Third District Court of Appeal says at least some of it is (I don’t know how fun that nice sports car or chateau will be from behind bars though.)

I write often about trusts in Florida and the Florida Trust Code.   These are a great way to protect your assets both while your alive and dead. As a history buff I found it interesting to see thatmany of the ancient uses for trusts are still actually relevant today! Here is my crash course in the history of the law of trusts and how they are still relevant today.

I write often about trusts in Florida and the Florida Trust Code.   These are a great way to protect your assets both while your alive and dead. As a history buff I found it interesting to see thatmany of the ancient uses for trusts are still actually relevant today! Here is my crash course in the history of the law of trusts and how they are still relevant today.

A lot of people could be interested in challenging your will that is probated in   West Palm Beach. The question is who can challenge a will? Just because your rich uncle disinherited you in his last will does not mean you are not allowed to contest the will in a probate court. The question of who can challenge a will is answered by the Florida Probate Code.

You cannot always get what you want but when it comes to probate   sometimes you can have a second chance at what you want through an appeal. An appeal is a request for a higher courtto review the findings of a lower court and much like probate generally, appeals can be very tricky. If you are considering appealing a probate decision your regular probate lawyer may not be experienced and you may need to retain fresh counsel for the appeal to get the results that you want

Trusts are a great way to protect assets for the future and should be a part   of any estate plan where necessary. Butwhat is required to establish a trust? Few people realize that Florida is one of the last states that allow for oral trusts. Although these are highly unflavored and I do not recommend them the fact of the matter remains that in Florida Probate Law, an oral trust may be valid under Fla. Stat. 736.0407.

What do you need to know about a Florida Probate Inventory? Well, you are entitled to one. But what do you do if an inventory is not accurate or they won’t give you one? Where’s my money? Beneficiaries want to know what to do if there’s no inventory filed within 60 days. Can you file a motion with the court to compel? (Yes !) Should you? What if the inventory is wrong? That’s easy ! File an Objection. Florida Probate Inventory South Florida is home to some big families; often a deceased person will   leave several children or at least several heirs. I get asked a lot by clients whether they are entitled to an inventory of the estate, and the answer is not as simple as you may like (in other words there is not an everlasting, absolute right.) If your older brother or mother was appointed as personal representative of course you want to know exactly what is left behind, but under certain circumstances you may not be allowed.  The moral of the story is this request the inventory sooner rather than later because after your check is cut so are your rights to request that inventory. The rule regarding inventory of decedent’s estate is codified in Florida Probate Rule 5.340:  The basic rule with regard to Florida probate estate inventory is that the specific heir is NOT entitled to receive a copy the estate’s inventory if he has received complete distribution of his inheritance. For example, if the […]

The 4th Annual Pankauski Pour Wine Tasting, www.pankauskipour.com, was held  Friday, February 20th, 2015, outside the West Palm Beach Probate Litigation Law Firm, the Pankauski Law Firm PLLC,www.pankauskilawfirm.com.   100% of all ticket sales went to the Legal Aid Society of Palm Beach County,http://www.legalaidpbc.org/, which provides legal services in Palm Beach.         Amazing cuisine was provided by Del Frisco’s Grille Palm Beach and Capital Grille of Palm Beach Gardens, Florida.