People have a right to choose who they would like their counsel or trial attorney to be. However, in certain circumstances, a lawyer can be disqualified from representing a client. How do Florida probate courts decide whether or not an attorney should be disqualified? If you are involved in trust and estates litigation, you may want to read a March 15,2017 Third DCA case, Lopez v. Flores.
Can you seek reformation to remedy an error in the execution of a Florida trust amendment? Florida’s Second District Court of Appeal (DCA) says “no”! A March 17, 2017 Second DCA opinion, Kelly v. Lindenau discusses trust reformation and when it is a proper remedy.
What is an “interested person”? Can an interested person reopen a Florida estate? What do probate litigators in Boca Raton need to know about “interested persons”? Are you questioning whether you are an interested person when it comes to your brother’s estate? If your brother dies, are you automatically considered an interested person because you are his sibling? Can you be an interested person if you have no financial interested in the estate?
What happens if your dad fails to have the two witnesses to his trust amendment sign the amendment? What if your dad fails to sign his own Florida trust? Is it still valid according to Florida law? Can reformation validate a trust amendment in Florida? What are the formalities required to execute a valid trust amendment in Florida? What should probate lawyers in West Palm Beach know about executing a trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.
Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.
What does a foreclosure have to do with estate litigation? Why would Palm Beach probate lawyers be involved in a dispute with a bank regarding a foreclosure? In Florida, when someone dies, can that person’s estate be substituted as the defendant? You may want to read a recent Second DCA opinion.
West Palm Beach trust attorneys and probate lawyers deal with not only the law and financial matters of the parties involved in probate litigation, but also the personal matters of the parties involved. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. Your experienced trust and estates lawyer should know how to handle the emotional issues in addition to the law. This is because non-legal issues, such as disdain for family members, are often major “influencers” to litigation.
What is a guardianship according to Florida law? What should West Palm Beach probate litigators know about who can be appointed as a guardian? When can a professional guardian who is serving as emergency temporary guardian be appointed as permanent guardian? What is an emergency temporary guardian? What is a permanent guardian? You may want to read an April 6, 2018, 2nd DCA opinion, Lyublanovits v. Zebny.
Palm Beach estate attorneys in Florida know that the rules of will formalities are taken very seriously by probate judges. Just because a will is valid in a state, it doesn’t mean that it is valid in Florida. What types of wills are not accepted in Florida? What is a holographic will? Florida probate lawyers know that, in the case of a holographic will, you may just be out of luck.
Is a Florida estate an entity that can be a party to litigation? If you want to sue your mother’s estate, who do you file the lawsuit against? A March 8,2017 Second DCA opinion, Spradley v. Spradley, discusses this issue.