Are you a beneficiary of a “failing” trust in West Palm Beach? Are you concerned about the investments your trustee is making? How does the West Palm Beach probate court determine that the trustee’s investments are smart? Can you remove a trustee for bad investments?
Do you know why you may need a West Palm Beach guardianship attorney while you are living in Manhattan? Do you have elderly parents that retired to Delray or Pompano Beach? If you are concerned about financial abuse or elderly exploitation then listen up, there are ways to protect your loved ones. Do you know how to file for guardianship in West Palm Beach?
Are you entitled to a Palm Beach inheritance? You probably have a few questions but I have a feeling I know which one floats to the top. How long until you get your check from the West Palm Beach inheritance? Are you entitled to demand payment from the Florida probate?
So, if you are a probate litigation law firm in West Palm Beach or Florida, you probably get this demand from trust beneficiaries who are interviewing Florida trust litigators all the time: “I want to remove my trustee.” Do you know what it takes to remove a Florida trustee of a family trust or arevocable or living trust which is now irrevocable? OK, so if you are a Florida probate lawyer, you most undoubtedly get this question: “How much does it cost to remove a Florida trustee?” Well, this commentary on Florida probate & trust law is going to provide insight into the legal & financial hurdles to removing your Florida trustee from serving as trustee in Florida.
What does a West Palm Beach probate law firm do for its clients? Are you about to probate a will and you do not know if hiring an attorney is worth it? Are you changing up the terms of a trust in West Palm Beach? Before you hire an attorney you want to know that he or she adds value to what you are doing, so check out what a West Palm Beach probate attorney does.
Trusts which are administered according to Florida law must follow the Florida Trust Code. So why don’t Florida trustees have a simple paragraph in their trust document which can help them defend a trust lawsuit if a trustee is sued by a Florida trust beneficiary? Or, to put it another way: if you are a trustee, did anyone ever tell you that if you get sued by a beneficiary, the beneficiary can prohibit you from using trust funds to pay your lawyers? That’s right: if you are defending a trustee lawsuit, and you are the trustee, youmight have to pay your trust litigation law firm from your OWN MONEY to defend yourself against a trust beneficiary’s accusations that you committed a breach of fiduciary duty or abreach of trust. Do you, the trustee of the Florida trust, know the way around this?
Major Florida Supreme Court case on creditors rights, and filing a statement of claim, or creditor’s claim, to Florida probates & estates. If you are a creditor, personal representative or executor, or are involved in Florida probates or estate administration, you can read this October 1, 2015 opinion at this link:http://www.floridasupremecourt.org/decisions/2015/sc13-2536.pdf When Must I File a Claim in a Florida Estate or Probate? Do you know the proper way to file an estate claim against someone who owes you money but has died? Do you know the time frame that you have to file a claim against someone’s estate? In Florida, such a “simple” matter confounded probate litigation law firms from West Palm Beach to Miami. Why? Because the “rules” were different in the various appellate districts. Florida probate law was NOT clear cut for estate creditors who want, or should, file an estate claimin a Florida probate. How Do I File a Claim in a Florida Estate or Probate? As of October 1, 2015, the Florida Supreme Court has now laid down the law, and sided with the Palm Beach appeals court (known as Florida’s 4th District Court of Appeal) over other Florida appeals courts. In Florida, a known or reasonably ascertainable creditor has two years to file a statement of claim in the estate. While that has been the law for some time, there’s a rub. That 2 year time frame to file an estate claim in Florida is dead-on, certain. If the personal representative, or the so called “executor” […]
A wise (albeit cruel) man once said there is more than one way to skin a cat. The same is true in West Palm Beach probate; sometimes the same result can be had in multiple ways although only one is right. Did your probate judge get the right result with the wrong law? It may be held up on appeal! In law often judges refer to this as the tipsy coachmen paradigm. Is your will contest up on appeal? Did you know the appellate judge can decide to uphold the decision despite the reasoning being flawed? Check out this recent case out of the Third District Court of Appeals.
Are you in the process of crafting a West Palm Beach estate plan? Have you consulted an experienced Palm Beach probate attorney regarding different trust and will options available to you? You may be left with some questions, for example are your adult children ready for an inheritance?
How long do West Palm Beach creditors have to file a claim against your father’s estate? The answer depends on a few factors such as services of notice to creditors and publication of the same. Do you know how to get the creditors noticed so that the estate can be closed and you can finish your job up as personal representative? Check out this new case out of the Florida Supreme Court that addresses creditor’s claims in West Palm Beach.