Do you know the different forms of probate in West Palm Beach? Depending on the estate’s assets you may be able to utilize a simplified administration. This is going to save time and money, which means a larger inheritance for everyone, wants to share. Want to learn more? Check out our West Palm Beach probate guide.
Shareholders in Florida corporations should pay note to a recent Palm Beach Appeals court case issued September 2, 2015. Likewise, Florida business litigation law firms which deal with shareholder lawsuits or the defense of Florida corporations or the board of directors should take note. The case isStrazzulaa v. Riverside Banking Company, 4D14-768. Here is a link to read this business litigation Florida 4th District Court of Appeal decision: http://4dca.org/opinions/Sept.%202015/9-02-15/4D14-768.op.pdf
Are you involved in a Palm Beach probate that was an extension of a Florida guardianship matter? Are you wondering how you are going to prove everything that happened in the Delray Beach guardianship…. in the probate lawsuit? Maybe you are involved in a will contest Palm Beach, or perhaps you are fighting in the estate about joint bank accounts or spending money by a sibling or a guardian or a trustee, when your mother or father was determined to be incapacitated by a Palm Beach guardianship court. But that information from the guardianship is relevant to what’s going on in the probate now, says your Florida estate lawyer. So, can’t you just have the Probate Court look at the guardianship file? Consider reading this September 2, 2015 Florida appeals court case, which is not a Florida guardianship case, and not a probate appeal Florida, about Florida evidence at trial and taking “judicial notice.”
Are you considering filing a will contest in West Palm Beach but you need more evidence? This is not uncommon, the probate court is not going to expect you to walk in on day one with a smoking gun. Do you know how to use the Florida rules of discovery to win your case? Experienced Palm Beach probate litigators know that a good deposition could make or break your case. Check out these four discovery devices that could make (or break) your will contest.
Do you know how much the personal representative for your father’s estate is being paid? If you are concerned about excessive fees or other mismanagement you may be entitled to petition the West Palm Beach probate court to remove the personal representative. You are going to have to prove to the probate court that removal is proper and if you don’t you may end up on appeal like the appellant in this recent case out of the Appellate Court of Illinois.
Are you named as a beneficiary of a West Palm Beach will subject to a condition? Maybe you were required to be married in a church or maybe you had to get your degree. Either way what happens when there is a dispute over whether or not the condition has been met? You do not have to rely on the personal representative’s interpretation of the will! In the event of the dispute you can have the West Palm Beach probate court determine whether or not you met the conditions to inherit. If you want to learn more about how a probate court interprets a will check out this case out of the Appellate Court of Illinois.
Do you know what the elective share is? If your spouse has disinherited you from the estate plan then you may still be able to petition the court for thirty percent of the elective estate. A recent appellate decision in New York raises an interesting issue for West Palm Beach probate attorneys. Although it is well known that divorce cuts off one’s rights to an elective share what about separation?
A Broward County, Florida conviction for financial exploitation of an elderly person was overturned, or reversed, on June 24, 2015 by Florida’s 4th District Court of Appeal. In this Florida financial exploitation case, the husband of an investment firm employee had been convicted but sought acquittal.
An August 11, 2015 Court of Appeals of Washington case reveals the challenges a successor trustee or POA may have in seeking a restraining orderagainst one’s personal assistant or companion.
In Florida, many estate planning attorneys Palm Beach Gardens write wills, living trusts and powers of attorneys for clients. When you name your successor trustee Florida, and your power of attorney, you need to name someone who you trust. After all, they might have to sue someone to protect you and your money if you are becoming vulnerable, or incapacitated, and you can’t fight for yourself. So, who can you trust to be in charge of your money, wealth, property and who also can protect and care for you, the person? Who can you put in charge of your entire financial world? What happens if things go bad? What if your relationship with your personal assistant or companion deteriorates or your friends or family don’t trust your caretaker?