1-561-514-0900 FREE CONSULTATION

Yearly Archives: 2018

Florida Inheritances and the Slayer Statute

Uncategorized Oct 9, 2018
post about Florida Inheritances and the Slayer Statute

What does murder have to do with Florida trust and estates litigation? Under Florida probate law, how can murder affect a person’s inheritance? A Florida probate lawyer can tell you that Florida statutes section 732.802, also known as the Slayer Statute, bars a convicted murderer from benefitting under a will of the decedent that he or she murdered. This makes sense. Why should a person who kills another person be able to inherit from the victim’s estate? Wouldn’t that, perhaps, tempt greedy beneficiaries to commit murder?

READ MORE

What is a frivolous lawsuit in Florida probate litigation?

Uncategorized Oct 8, 2018
post about What is a frivolous lawsuit in Florida probate litigation?

In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees.

READ MORE

Florida Guardianship Litigation: Who Can Contract for Legal Counsel?

Uncategorized Oct 5, 2018
post about Florida Guardianship Litigation: Who Can Contract for Legal Counsel?

Are you involved in a West Palm Beach guardianship? Are you facing a guardianship hearing in Orlando? Do you need an experienced Palm Beach litigation lawyer? Has your right to contract been taken away from you in a guardianship proceeding? If you are facing an incapacity proceeding, but have not yet been determined to be incompetent, can you hire your own Florida lawyer? You may want to read a recent First DCA opinion, Campbell v. Campbell.

READ MORE

Florida Probate Lawsuits: Conflicts of Interests and Motions to Disqualify

Uncategorized Oct 5, 2018
post about Florida Probate Lawsuits: Conflicts of Interests and Motions to Disqualify

Are you involved in a Florida probate or guardianship lawsuit? Has a relative recently passed away in Fort Lauderdale or Boca Raton? Are you in the process of interviewing Florida trust and estates law firms? Have the Palm Beach law firms you’ve interviewed asked you for the name of the parties involved so that they can conduct a conflict check? How can conducting a conflict check before speaking with prospective clients help estate lawyers avoid disqualification?

READ MORE

When do I Need a West Palm Beach Curator?

Uncategorized Oct 3, 2018
post about When do I Need a West Palm Beach Curator?

What is a curator? Why would I need a Florida curator involved with my probate matter? What is Florida Probate Rule 5.122? What should West Palm Beach trust lawyers know about curators? When is a curator necessary? What should I do if a petition for appointment of a curator is filed? Should by Florida probate attorney file a petition for the appointment of a curator? Does a probate judge appoint a curator?

READ MORE

Palm Beach Estate Planning: Can my Incompetent Dad Change His Will?

Uncategorized Oct 3, 2018
post about Palm Beach Estate Planning: Can my Incompetent Dad Change His Will?

Do you have a parent who is diagnosed with dementia or Alzheimer’s?  If my mom or dad is deemed incompetent by a West Palm Beach guardianship court, and then changes his or her will, is the change to the will valid? Who can write a valid will according to Florida law? When is a will valid vs. invalid?  What is “testamentary capacity”? When do I need a West Palm Beach probate  lawyer? 

READ MORE

Widow Lawyers in Florida

Uncategorized Oct 3, 2018
post about Widow Lawyers in Florida

Have you ever heard the term “widow lawyer”? Are you a widow who needs help claiming an elective share? Has your husband or wife recently passed away in Florida? What are your rights as a widow? How can a West Palm Beach probate lawyer help you to obtain an inheritance?

READ MORE

What Formalities are Required to Execute a Valid Florida Trust?

Uncategorized Oct 3, 2018
post about What Formalities are Required to Execute a Valid Florida Trust?

For the testamentary aspects of a revocable trust to be valid, what formalities are required? What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills and trusts need to be in writing? Do Florida wills and trusts need to be witnessed and signed? Does a Palm Beach will or trust need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida. How is this relevant to a revocable trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.

READ MORE