Plenty of different issues end up in court when it comes to estates, probate and the administration of trusts, but what actions go to probate court? Experienced Palm Beach probate litigators know whether an action belongs in probate court or civil court. How can you tell? Check out this quick reference guide for understanding the jurisdiction of the West Palm Beach probate court.
Are you concerned about a judge being partial to the other side? You may be able to recuse your West Palm Beach probate judge if you are not going to get a fair trial. The problem is how can you tell whether or not you have proper grounds? Check out this interesting case from Texas where the children of a billionaire had the judge recused for ex-parte communications. Do you know what that means?
Let me guess, mom or dad died in Boca Raton with a few bucks and a revocable living trust that is now anIrrevocable Florida Family Trust and you are a beneficiary. With questions! Or, maybe your rich aunt from Jupiter Island passed away and made you the trustee of her family trust and now you have to run the trust according to Florida trust law. YOU have questions. So, if you are involved with a Florida trust, most trust lawyers West Palm Beach will tell you to pick up the phone & talk with the people who you need information from. Don’t get along with your trustee or your trust beneficiaries? Having trouble with the trust? OK, here are 4 reasons to bring a Florida trust lawsuit if negotiation, plain old talking on the phone, and asking nicely, do not work.
OK, let’s say that you have adult children from your first marriage and they live outside of Florida. And… you are getting married to a second or third spouse. Regardless, have you thought of what yourfinancial life might be like if your adult children from a previous relationship don’t like your latest spouse? Do you think that your adult children will hate their step-parent? Jealous? Do you think that your latest spouse might not get along with your adult children? Well, here are some Florida estate planning issues and also Florida guardianship and dementia issues to consider if you have a 2nd or 3rd spouse and adult children. Remember: your kids are probably already counting their expected inheritance and think your spouse spends too much. And your spouse is mad that he or she signed that damn prenuptial agreement. Don’t forget: we are living longer, so there is a greater chance than ever before that we will become incapacitated or incompetent before we die. What would life look like if you are the subject of a Florida guardianship due to Alzheimers for you, your spouse and your adult children? I see too many Palm Beach guardianship litigators in that picture.
Do you know what a fiduciary is? More and more we hear about parties breaching their fiduciary duty but the news never actually tells you what those fiduciary duties are! Failure to understand the limits of a trustee’s fiduciary duties to you may spell failure in West Palm Beach probate court. Don’t believe me? Check out this case out of the Third District Court of Appeal where a party’s claim for breach of fiduciary duty against a real estate agent failed.
Have you considered all the ways an inheritance in West Palm Beach could change your financial plans? Are you going to be part of a higher income tax bracket? What about your rights to other funds from other sources? Did you hear about the divorcee who has to return over $200,000 in alimonybecause the court did not take into account her millions in inheritance and trusts?
Do you know the rules on offer of judgment in West Palm Beach civil court? If you are involved in an action for tortious interference with an inheritance of expectancy interest you may want to know what these documents can do to your case. You may end up on the hook for attorney’s fees otherwise! Want to learn more? Check out this recent case about offers of judgment from the Third District Court of Appeals in Miami-Dade County.
One common problem with will contests is that the records are just not there anymore, they are too old. Did your Father execute a will last year without testamentary capacity and now you want to admit a will from thirty years ago in its place? Florida’s evidence code has rules related tohearsay that may keep your personal recollection of the family records out of the trial! Check out this case out of the Fourth District Court of Appeals on admission of hearsay evidence in the absence of the physical records.
Innocent people from all over South Florida and throughout the State are receiving the pleasant news that they inherited from a long lost relative. Only thing is that the bank needs some funds to cover the delinquent account fees – what a great day! This is the epitome of an inheritance scam in West Palm Beach. Are you being scammed? Check out these ways Palm Beach probate litigators can spot an inheritance scam a mile away!
One thing I have said over and over again is that the Court system in this country is going to see some interesting cases following the recent Supreme Court case on gay marriage. What are the inheritance rights for same sex couples? And, what you adopted your partner? How does adoption work with inheritance rights? How about this recent report of a lesbian couple where one adopted the other so that they could easily pass the inheritance of about $25 million!Want to learn more about what we can expect to see in West Palm Beach probate courts?