A recent murder case is New York is raising a lot of issues concerning estate planning. Specifically how both the families, and state legislature, can deal with unexpected issues involved with the decedent’s death and probate process.
To appoint a guardian in Florida is a process that can take several weeks. However, there are some situations in which the Florida courts allow a rushed proceeding to appoint guardianship over someone. For instance, if there is evidence that the person’s health, safety, and/or welfare are in danger, then the courts will consider a proceeding called an Emergency Temporary Guardianship proceeding.
After a series of odd reports concerning illegal trafficking, the FBI has begun investigating families of decedents who left their bodies to science.
It is not uncommon for us to hear about stories of fraud, elder financial abuse, and forging of wills. In actuality, elder fraud and inheritance fraud is all too common.
While there are a vast number of issues one must consider when opening probate in Florida, one thing not often planned for is the continuation of a lawsuit, or pending lawsuit, for which the cause of action occurredBEFORE the decedent passed away.
The following is a work of fiction from a probate litigation book which I am writing tentatively titled: Pankauski’s Probate Wars: the $59 trillion inheritance fight.
Florida law allows two people to be able to own Florida property together as joint owners in several ways. One of these ways is called “joint tenancy with the right of survivorship.”
When writing your will in Florida, you have the privilege of being as detailed as you would like. You can leave your assets to anyone you choose and you can even specify how you would like those assets to be handled. For instance, if you want to make sure that your children have sufficient funds for college, you can explain in your Florida will how this should be funded with your assets.
Non-US Citizens are characterized for the purposes of legal proceedings as either “resident” or “non-resident” in status, depending, obviously, is they are legally domiciled in the US. The status of non-US citizens is particularly important for the purposes of Florida estate administration.
In Florida, if the creation or amendment of a trust is done by fraud, duress, or undue influence, the trust or any amendment will be void. Are you feeling skeptical about a trust put into place by your grandfather in West Palm Beach? Did your Pompano Beach esate planner add or modify a section of your trust agreement without your permission? For those who wish to challenge the validity of a trust or a specific portion of a trust agreement in Florida: