What is an “afterborn heir”? When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.
Many times when handling a contested dispute in a probate or estate, a petition for the appointment of a curator is filed. What is a curator? What do curators do? How are they different than a Florida personal representative or executor? How are they different than guardians ad litem or administrators ad litem?
What is Florida Statute 90.502? Is this an important part of Florida’s Evidence Code? What are the exception to attorney-client privilege according to this Florida Statute? You may want to read Vasallo v. Bean, a recent case from Florida’s Third District Court of Appeal.
What should Florida probate lawyers know about conflicts of interest? Can a West Palm Beach trust attorney be disqualified due to a conflict of interest? Under what circumstances should an Orlando estate lawyer be disqualified? You may want to read a January 5, 2018 Second DCA opinion, Furman v. Furman.
Can I inherit under a prior will in Florida? In Florida, how do I inherit if someone dies without a will? Are you involved in a West Palm Beach will contest or inheritance lawsuit where someone is contesting a will? Are you involved in a Florida estate or inheritance lawsuit in Florida where someone is attacking a will or trust?
When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. You may want to read Florida Statute 732.106.
When is a West Palm Beach trustee liable for breach of trust? In Florida, can trust beneficiaries sue a trustee for breach of trust if the trustee followed what the trust document said? What is Florida Statute 736.1009? What should Florida trustees and Florida trust and estates lawyers know about Florida Statute 736.1009?
Florida wills must be in writing and signed at the end of the will by the person making the will, in the presence of two witnesses who likewise sign the will. The will must be typewritten or computer-generated. In other words, Florida courts do not recognize handwritten wills. Handwritten wills are sometimes referred to as holographic wills. Florida Statute 732.502 specifically says that holographic will are not accepted.
For the testamentary aspects of a revocable trust to be valid, what formalities are required? What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills and trusts need to be in writing? Do Florida wills and trusts need to be witnessed and signed? Does a Palm Beach will or trust need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida. How is this relevant to a revocable trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.
Do you know what a slayer statute is? Did you know that Florida has a slayer statute? These laws prevent those that kill from benefiting under their victims wills. Estate lawyers in Florida see this law coming up more than you would expect. Check out this recent case where a man is convicted by a Federal jury for murdering his boyfriend.