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Yearly Archives: 2018

What Happens if the Intent of the Testator is Not Clear in His or Her Florida Will?

Uncategorized Jun 1, 2018
post about What Happens if the Intent of the Testator is Not Clear in His or Her Florida Will?

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?

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Can Your Florida Probate Lawyer Depose a Minor if it is Necessary for Your Case?

Uncategorized Jun 1, 2018
post about Can Your Florida Probate Lawyer Depose a Minor if it is Necessary for Your Case?

Trust and estates lawyers frequently find themselves deposing witnesses. What is a deposition? Who can be deposed in Florida? A deposition is where someone is placed in front of a video tape and/or a court reporter, and asked questions by opposing counsel. The person being deposed is required to answer the questions truthfully and under oath. What If a minor child is the key witness in your matter? Can your litigation lawyer depose the minor child or are you out of luck? Are there special rules that guardianship attorneys and Florida estate lawyers must follow when deposing a minor?  Will the law permit a minor to get protection from being deposed? A case, involving a motor vehicle accident, in the Second DCA dealt with this subject.

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Guardianship Litigation: Son Arrested For Exploiting and Abusing His Own Father

Uncategorized Jun 1, 2018
post about Guardianship Litigation: Son Arrested For Exploiting and Abusing His Own Father

On February 16,2017, the Times Daily reports about an Alabama man who has been arrested for allegedly “exploiting, abusing and leaving his elderly father in what one authority called “deplorable” living conditions.”  According to the article, Wesley Wayne McAlister deprived his father, who he was supposed to be taking care of,  of electricity, water, air conditioning, and food. Furthermore, he took his dad’s debit card, got cash with it, and used the cash to buy illegal drugs. Although this is not a Florida case, similar cases of financial exploitation of the elderly frequently occur in Florida. How can you protect your loved ones? Do you believe that someone you know has been financially exploited? Do you need a West Palm Beach guardianship or probate attorney?

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Florida Guardianships: Caretaker Steals From Elderly Couple With Dementia

Uncategorized May 25, 2018
post about Florida Guardianships: Caretaker Steals From Elderly Couple With Dementia

Has someone mis-used a power of attorney in Florida or taken a bank account from your elderly relative or grandparent? Do you believe that your dad’s caretaker is stealing from them?  What  should you do if you suspect that your elderly parents are being financial exploited by their caretakers?  What is financial exploitation? Ask any Palm Beach guardianship lawyer and they will tell you that financial abuse of the elderly in Florida is a serious concern.

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How do I Appeal an Arbitration Ruling in West Palm Beach?

Uncategorized May 25, 2018
post about How do I Appeal an Arbitration Ruling in West Palm Beach?

Are you involved in contract litigation in West Palm Beach ? Does a contract you signed or created include an arbitration provision? What should your West Palm Beach probate lawyer know about appealing an arbitration clause?  If you are involved in a  Florida lawsuit regarding a contract with an arbitration provision,  you may want to read an April 11, 2016 Fourth DCA opinion, Bloom v. Ironhorse Property Owners Association, Inc. 

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Attorney Client Privilege, Guardianships, & Estate Litigation

Uncategorized May 23, 2018
post about Attorney Client Privilege, Guardianships, & Estate Litigation

Florida’s Third District Court of Appeal ruled October 26, 2016, that the estate planning attorney for a deceased client must testify in an undue influence trial and will contest. The attorney objected to answering questions about his client disinheriting children. The trial court ordered him to testify. What is an undue influence trial? How can an attorney be required to testify when there is attorney client privilege? In Florida, what are the exceptions to the attorney client privilege?

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Who is Qualified to Become a Guardian in Florida?

Uncategorized May 17, 2018
post about Who is Qualified to Become a Guardian in Florida?

What is a guardian? Am I qualified to become a guardian in Florida? What is the Florida guardianship process? Is it complicated? When do I need assistance from a guardianship lawyer? How do I get a probate court to appoint me as the guardian of my mother? How do I get appointed as the guardian of my father who has dementia?

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