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Yearly Archives: 2019

Temporary Injunctions and Florida Litigation

Uncategorized Feb 21, 2019
post about Temporary Injunctions and Florida Litigation

Do you know what an injunction is? When can you request an injunction in your Florida lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission. Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Lerner v. Dum.

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Properly Executing a Florida Will

Uncategorized Feb 21, 2019
post about Properly Executing a Florida Will

What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? What is a holographic will? Does a will need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.

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Florida Probate Litigation: When Will a Temporary Injunction Be Issued in my Undue Influence Case?

Uncategorized Feb 20, 2019
post about Florida Probate Litigation: When Will a Temporary Injunction Be Issued in my Undue Influence Case?

Can I file a temporary injunction in my probate case? If I am the personal representative or executor of a Florida estate, can I seek a temporary injunction to restrain someone from stealing estate assets? Do you need to file a petition for temporary injunction in your West Palm Beach inheritance lawsuit? To learn more about temporary injunctions, you may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

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Temporary Injunctions and Florida Probate Litigation

Uncategorized Feb 20, 2019
post about Temporary Injunctions and Florida Probate Litigation

What is a temporary injunction? When may a temporary injunction be needed in a Florida probate case? What should my probate lawyer know about temporary injunctions? Can you file a petition for a temporary injunction to prevent someone from taking estate assets? What must a party establish in order to seek a temporary injunction in a Florida trust and estates case? You may want to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

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Florida Guardianship Procedures

Uncategorized Feb 20, 2019
post about Florida Guardianship Procedures

What is a guardianship? Do you want to learn more about adult guardianships in Florida? What is Florida Statute 744.331? When do you need to hire a Florida guardianship lawyer? What factors are considered when making a capacity and guardianship decision? 

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Seeking a Plenary Guardianship in Florida

Uncategorized Feb 19, 2019
post about Seeking a Plenary Guardianship in Florida

Are you seeking a plenary guardianship in Florida for a family member who can no longer care for herself? Have you filed a petition to determine incapacity? Are you thinking about seeking a guardianship for your elderly mom or dad who has dementia? What happens after your Palm Beach guardianship lawyer files a petition to determine incapacity? Will the potential ward or potential incapacitated person be examined by the guardianship court? Who will determine whether the person you are seeking a guardianship for is incompetent or not? 

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If I Am Adopted, Can I Inherit From My Adoptive Parents in Florida?

Uncategorized Feb 19, 2019
post about If I Am Adopted, Can I Inherit From My Adoptive Parents in Florida?

What do West Palm Beach probate lawyers need to know about adoption? What do Delray Beach estate planning attorneys need to know about adoption? In Florida, do adopted children inherit from the parents who adopted them? What about foster children? Do foster children in Florida have the same rights as adopted children? If I am adopted, can I still inherit from my biological father? If I’m adopted do I get to inherit from both my natural parents and my adoptive parents? A January 4, 2017  Court of Appeals of Texas opinion discusses adoption and a trust.

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Common Law Marriage in Florida: Does it Exist?

Uncategorized Feb 19, 2019
post about Common Law Marriage in Florida: Does it Exist?

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?

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Adult Guardianships: How is a person determined to be incapacitated?

Uncategorized Feb 18, 2019
post about Adult Guardianships: How is a person determined to be incapacitated?

Are you involved in a Miami or Palm Beach guardianship proceeding? Do you believe that a family member needs a guardian appointed by a Florida guardianship court? Is someone you know unable to care for his or her self  due to dementia or Alzheimer’s? How is it determined whether or not someone is incompetent and needs a guardianship?  How do Florida guardianship courts decide whether or not to appoint a guardian to a prospective ward? You should read a recent Fourth DCA opinion, Cook v. Cook. 

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