An August 26, 2015 Palm Beach guardianship appeal deals with a Ft. Lauderdale guardianship which made its way to Florida’s 4th District Court of Appeal, which hears probate & guardianship appeals for Palm Beach and Broward Counties.  If you are involved with trying to get guardianship of your mother or father, or aunt or uncle, from Ft. Lauderdale to Boca Raton to Jupiter,  you may want to read this new opinion.  The Florida guardian appeals case is Adelman v. Elfenbein, 4D13-2446, issued August 26, 2015 and you can get a free copy by going to the “Opinions” section of the 4th DCA website.

If you fail to answer a lawsuit on time you may be at risk of  default judgment in West Palm Beach, but what does that actually mean? The answer may surprise you as you end up in a trial where you can only dispute the amount of money you owe! Experienced Palm Beach probate lawyers know how to avoid defaults and can get them set aside if cause exists. Sometimes though a defaulting party is not going to get that set aside, check out this case out of the Fourth District Court of Appeal, and learn how to never let a default hurt your chances of victory in West Palm Beach.

Are you trying to avoid a relative appointing a guardian in  West Palm Beach? Did you know the West Palm Beach probate courts have to first address if there is an alternative to guardianship? If there is an alternative that is sufficient the probate court cannot appoint a guardian. In this recent appeal the Fourth District Court of Appeal found that the trial court lacked jurisdiction to appoint a professional guardian when it had previously found that the wards wife had a sufficient substitute with a power of attorney.

Do you think you are entitled to attorneys’ fees following a  dispute in West Palm Beach probate court? You are going to have to prove that to the Court and believe it or not it be hard to get that right. For example check out this new case out of West Palm Beach (filed just today) where the appeals court laments that it has to send the issue back to the trial court for the third time.

Are you currently drawing up your West Palm Beach estate plan?  Often clients will want to leave funds, property and real estate to their children without it going to that child’s spouse. Do you know how to ensure that your child’s inheritance is not lost in a West Palm Beach divorce?An inheritance can be a non-marital asset if bequeathed to the individual but will it stay that way? Experienced probate litigators know how to form trusts and other structured accounts to keep property non-marital.

Just because your Palm Beach probate litigator did everything  right does not mean you will not end up on appeal – they also need to watch what the judge is doing! Sometimes an error in a judicial order from the probate judge may spell appeal, just because of a careless error! Do you think the probate judge who was not paying attention is going to cover those appeal legal costs?Think again, you are on the hook so watch out! Don’t believe me? Check out this recent case out of the Third District Court of Appeal where a judge’s order was hastily drawn up and that lead to an expensive appeal.

Have you been sued in West Palm Beach for  tortious interference with an inheritanceor other claims? You may have as little as twenty-one days to get your answer to the court! If you accepted service by mail it may be as little as sixty days. Do you know what happens if you miss the deadline? You may end up being served with a notice of default. Check out this recent case out of the Fifth District Court of Appeal on default judgments.

OK, say you are a beneficiary of your dad’s Florida revocable living trust he created when living in Palm Beach Gardens, Florida.  Since your father has passed away, his best friend is the successor trustee, and he lives in Delray Beach, where he administers the trust: what the trust lawyers West Palm Beach call the principal place of administration under the Florida Trust Code. So, here are 5 things for trust beneficiaries to consider if you are thinking of suing your Florida trustee for investment losses. Or, put another way, here are 5 things for beneficiaries of a Florida Trust to think about BEFORE suing your Florida trustee for stock market losses after a market crash or panic.

Have you just received a substantial inheritance from a  West Palm Beach estate? Do you know to make that money last? You may want to consider setting up a trust or other investment planto make that inheritance work for you. Do you know all the different options for sustainable inheritance payments? Experienced Palm Beach Probate litigators have seen an inheritance spent on many things, but check out this recent case that is making the news. What are you going to use your inheritance for?

OK, so you are a trustee of a Florida trust and the stock market is in panic mode.  What’s a Palm Beach trustee to do amid a stock market selloff?  Maybe you were named the successor trustee of your mom’s revocable trust when she lived in Jupiter Island, or perhaps you are the trustee of your family’s irrevocable Florida trust with millions in it.  And your trust beneficiaries are texting you and calling your mobile phone as well as bugging you at the office.  How can a Florida trustee defend yourself against a stock market crash?  Here are4 steps or things to consider if you are the trustee of a Florida trust and the financial world around you is reeling.