What is guardianship litigation in Florida? What should probate attorneys know about guardianship lawsuits? If an incapacity proceeding is filed, does the alleged incapacitated person have a right to counsel? Does the alleged incapacitated person have a right to choose their own counsel or do they only get a court appointed attorney? A May 16,2017 First DCA opinion discusses this issue.
A June 6, 2017 opinion from the Court of Appeals of Georgia, Slosberg v. Giller, regards sibling rivalry and undue influence. Although this is not a Florida trust and estates case, this case provide a clear definition of what undue influence is.
Does a surviving spouse have rights when it comes to inheritance? Can my wife give her house to someone else in her Florida will? Can my husband leave me and our minor children nothing? What are spousal rights in Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage?
Did you know that both Kate Spade and Anthony Bourdain were married, but separated from their spouses, at the time of their death. What does this mean? Even though he was separated from Kate Spade, will Kate Spade’s husband inherit from her estate as a surviving spouse? What inheritance rights does Anthony Bourdain’s wife have?
Did a relative who lives in Palm Beach, Florida recently pass away? Perhaps you live out of state, not in Florida, and you’re wondering where your inheritance is? How can I get an inheritance from someone who died in Florida if I live all the way in New York?
On June 8, 2018 BBC News reported that Anthony Bourdain, best known as a celebrity chef and CNN TV star, has passed away. He was only 61 years old at the time of his death. He died in France. Did Bourdain have a solid estate plan in place? Who will inherit from his estate? What is his estate worth? Did he have a will? Did he have a trust?
On June 5,2018, The New York Times reported that Kate Spade, the renowned fashion designer, had passed away.
Did you know that there is a section of the Florida Statutes that regards leaving a trust for your pets? Don’t you want to make sure that your pet would be well taken care of if something were to happen to you? Pet trusts are becoming more and more popular. West Palm Beach estate planning lawyers now frequently encounter clients wishing to insure that their beloved fur baby is included in their Florida estate plan. A November 23, 2017 article in the Mesquite Local News discusses pet trusts. Although this article discusses pet trusts in Florida, Florida pet trusts work similarly.
Guardianship lawyers frequently receive calls from family members who are worried about an elderly relative. Perhaps. the family member believes that the elderly relative is suffering from dementia and being taken advantage of by a caretaker or POA. Sometimes a guardianship is recommended by a probate lawyer to protect the person with dementia. Do you believe your elderly mom or dad is being taken advantage of? Does your grandmother have dementia? Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation?
If you ask any estate litigation attorney, they will tell you that Florida probate court judges focus repeatedly on one thing: the intent of the decedent. What was the intent of the person who passed away, and how was that intent expressed in their Florida will? What if the intent of the decedent was not clear in the will? Can evidence be used to prove what the testator, or person who wrote the will, wanted? Can the Palm Beach estate planning attorney who drafted the will testify in probate court ? Can your probate or trust lawyer depose the witnesses who watched the testator sign his or her will?