In probate trials, witness testimony and video evidence can be very important. But what happens if the witness testimony contradicts what a video shows? Can a Florida probate judge choose to believe the witness over a video that literally shows opposite facts? What if a witness testifies that a decedent did not sign her own will, while a video shows that the decedent, in fact, DID sign her will? What if a Florida notary states that she witnessed the decedent signing a deed, when a video shows that the decedent’s sister forged the decedent’s signature on the deed? You may want to read a January 31, 2017 opinion from The Supreme Court of Florida, Wiggins v. Florida Department of Highway Safety and Motor Vehicles. Although this is not a Palm Beach probate or Florida trust case, it is a very important opinion, as probate litigators frequently rely on both witness testimony and video evidence.

On February 16, 2017, the Supreme Court of Florida reviewed the Fifth DCA’s opinion in LeDoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015). The Fifth DCA held that “under the Full Faith and Credit Clause [of the United States Constitution], trial courts in Florida are required, without discretion, to give recognition to final judgments of another state when applicable.” The Supreme Court of Florida upheld this decision.

On November 14, 2016, BBC News reported that dementia has now become a leading cause of death. The article states that, last year, more than 61,000 people died of dementia(11.6% of all recorded deaths). Dementia, unfortunately, is common, and probate lawyers are frequently facing inheritance and guardianship disputes involving it. How can having a valid estate plan prove beneficial to someone with dementia? Don’t estate plans only affect me when I die? What do Florida probate litigators know about dementia and undue influence? Can you create a valid will after your doctor tells you that you have Dementia or Alzheimer’s? Can you amend your Florida trust or will even though you have severe dementia and are being influenced by a family member?

What is common law marriage? What does your Florida probate lawyer need to know about common law marriage? Does Florida recognize common law marriage? Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?

In Florida probate litigation, who is an “interested person”?What can an interested person do? Can an interested person petition to reopen an estate?

Did your mother or father die in Florida with a house, or a homestead? If you live out of state, not in Florida, you’re probably wondering how you inherit your father or mother’s house. Inheriting your parents residence, what they call Florida homestead, is an interesting issue in the law.

Are there property rights for a widow in the Florida probate process? What probate property rights do I have if my husband dies? Do I have the same rights if I wasn’t married but lived with my significant other for years?

Why would Florida probate lawyers want to read a guardianship appeal in Iowa? Probate lawyers tend to encounter similar fact patterns in their cases throughout the country. Therefore, even though we are discussing an Iowa opinion, not a Florida opinion, there is much to learn from it.  This particular appeal, In re Guardianship of Monkhouse, discusses a limited guardianship and what is required to show that a limited guardianship is necessary. 

West Palm Beach probate lawyers know that probate judges view guardianships very seriously. This is because, if a person person is deemed incompetent and in need of a guardianship, certain rights may be taken away from them.

Florida guardianship attorneys know that guardianship litigation is booming. At Pankauski Hauser, we frequently handle cases in the guardianship courts throughout Florida. If an adult is deemed incompetent, perhaps due to a mental illness, he or she may need a guardian to help them with their finances, medical decisions, or even their every day tasks. A May 2, 2018 Iowa probate case discusses a limited guardianship. Although this is not a Florida opinion, West Palm Beach probate lawyers frequently encounter similar litigation.