Probate litigators know that family disputes frequently occur regarding a trust or a will. Usually, an interested party sues a trustee or personal representative. Sometimes, interested parties or beneficiaries even sue each other.  A December 12, 2018 article in The New York Times reveals that a substantial battle has begun regarding the Denver Broncos. Although this lawsuit is not a Florida lawsuit, West Palm Beach trust lawyers frequently encounter similar disputes. This particular dispute is between the trustees, who Pat Bowlen chose to run the Broncos, and Bowlen’s daughter who wishes to take their place.

Florida guardianship attorneys know the importance of having a good estate plan in place. Having an estate planning lawyer draft healthcare documents and trusts can prove to be useful even before death. For example, having a proper estate plan and POA, prior to being diagnosed with dementia or Alzheimer’s disease, may help you to avoid a guardianship. However, despite proper planning, probate lawyers and trust attorneys know that beneficiaries or interested persons of an estate can disagree with people who are left in charge. This can lead to litigation. 

Florida probate lawyers and trust attorneys frequently encounter battles between trustees and beneficiaries. These battles can get even more heated when there are billions of dollars and jobs at stake. A December 12, 2018 article in The New York Times reveals that a substantial battle has begun regarding the Denver Broncos. When Pat Bowlen was diagnosed with Alzheimer’s disease, and no longer able to control the team, he turned over his control to three trustees. These trustees set benchmarks for Bowlen’s kids to meet before one could become the team’s controlling owner.

Are you an alleged incapacitated person in Florida? Has an attorney been appointed to you by the court for your incapacity proceeding? What if no court appointed lawyer ever contacted you to help you with your guardianship hearing? As an alleged incapacitated person, can you hire your own counsel to represent you? If you are involved in a guardianship proceeding in Florida, you may want to read Campbell v. Campell.

What if you wish to appeal an order in a West Palm Beach guardianship or probate lawsuit? What should you know about Florida appeals? You may want to read an October 3, 2018 Fourth DCA opinion Pigna v. Messianu to learn more. 

Where do you “fight” over that lost bank account, or life insurance proceeds, which are now sitting with the Florida Department of Financial Services, as unclaimed funds?

Florida’s elective share statutes are found at Fla. Stat. §732.201 through §732.2155. A surviving spouse has the right to a share of the elective estate of a decedent – designated the “elective share” – which is 30% of the elective estate. Fla. Stat. §732.2065.

An April 19, 2017 Second DCA opinion discusses depositions and deposing a minor in Florida. Here, an eight year old child was in a car accident with his mother. He was the only witness as to the circumstances in his mother’s car at the time of the crash, including the force of impact and whether she was wearing a seat belt. Benvenuto filed a protective order to avoid having her son deposed. The trial court granted it. However, the Second DCA quashed the order.

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

Can you appeal a non-final order? What is a non-final order? What type of West Palm Beach order do you wish to appeal? What should your probate lawyer know about appeals?  Have you hired an experienced appellate attorney? Do you believe that a particular order is not appealable?  You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu.