On December 1, 2016, the Daily Mail reported that Prince’s estate is estimated to be worth at least $200 million. Recent court filings suggest this amount. However, probate lawyers know that the actual amount could be a lot higher. What will end up happening with Prince’s estate worth $200 million or more? Who will inherit? What does dying intestate mean?
In 2014, Tamir Rice was shot by the police in Cleveland. He was only twelve years old. Police were responding to a call about a guy with a gun. Not realizing that Tamir was playing with an airsoft gun, they shot and killed him. On November 30, 2016, a Cuyahoga County Probate Court judge approved a $6 million dollar settlement between the city and the victim’s family. Frequently, wrongful death cases and probate cases coincide.
Probate and Guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously in Palm Beach courts. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member. What is a fiduciary duty? Does a financial advisor have a fiduciary duty to his client?
A Palm Beach trustee has a present and ongoing duty to provide relevant information about the trust, and a trustee’s actions, to each beneficiary. What does this mean? Can I sue a trustee if they do not provide me, as a beneficiary, with a proper accounting? What if the trustee of my parent’s Florida trust is not doing their job properly?
According to a recent Sun Sentinel article, 3,041 Adult Protective Services cases were investigated from April 2015-March 2016 in Palm Beach County. 588 of these cases were financial exploitation cases. Financial exploitation of the elderly is more common than you think throughout South Florida. It is important to be aware of these issues in case someone tries to take advantage of your parent who has Alzheimer’s or Dementia.
John Pankauski, managing partner at Pankauski Hauser PLLC, will be hosting a FREE webinar on December 1, 2016 at 12 p.m. Advising the Estate Planning & Probate Attorney, is a two + hour ethics CLE course. It is designed for Florida attorneys who prepare estate plans, draft wills and trusts, and administer estates. Florida estate planning attorneys are eligible for 2.5 ethics credits/2.5 general credits/2.5 wills, trusts, and estates credits.
Do you have a Florida estate plan? Did you know that meeting with an estate planning attorney can help you to avoid a Palm Beach guardianship that you do not desire ? Communities Digital News(CDN) recently reported about a former army ranger who says his parents forced him into an unnecessary guardianship. He says he was not mentally incompetent and was able to care for himself. Could you imagine not being allowed to make decisions for yourself?
What is a guardianship? When is a guardianship necessary? Can a Palm Beach guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Wondering where your inheritance from the Palm Beach probate is? Why won’t that personal representative make a distribution of your inheritance to you? After all, you are named in the Florida will and you are an heir ! It’s your money, right? Well…not so fast. Here are 5 things to know about getting any inheritance in Florida and what you can do to force an estate executor to make a probate distribution to you.
When can I be awarded attorneys fees in a probate or trust and estates lawsuit? What is section 57.105 of the Florida Statutes? What is a frivolous lawsuit? What is section 57.105 designed to deter? You may want to read St. Peter v. Osorio-Khor.