In a Florida trust lawsuit, can reformation of the trust occur when amendments to the trust were not validly executed? NO! Kelly v. Lindenau, a March 17, 2017 Second DCA opinion, discusses this issue.
Estate litigators know that the most recent valid will of a decedent is the will that is used in the probate process in Florida. What if two wills are discovered during the probate process and then AFTER the estate has been completely administered, a third will is found? Can a beneficiary still offer the third will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should Florida lawyers know about discovering later wills? You may want to read Florida Statute 733.208.
What is an injunction? Trust and estates attorneys know that you have to prove four things to get a valid injunction in Florida. What are those four things? What should your Florida probate lawyer or family lawyer know about injunctions? What must a party seeking a temporary injunction establish? If your civil litigation case involves a temporary injunction, you may want to read a November 14, 2018 Fourth DCA opinion, Olson v. Olson. Olson v. Olson This was an appeal regarding a temporary injunction that prevented the former husband from being able to access his assets. These assets included an impending inheritance. Did the former wife provide the necessary evidence required to show that a temporary injunction should be granted? Should the temporary injunction be reversed by the appellate court? What did the 4th DCA say? Click here to read the entire case and find out! If you are in need of an experienced Florida litigator, call (561)514-0900 Ext.101 for a free consultation.
A November 14, 2018 Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of important rules regarding temporary injunctions in Florida litigation.
What should I expect to pay a West Palm Beach probate lawyer for administering my mom’s estate? How much does it cost to have an experienced trust and estates attorney run an Orlando trust? How much should a probate lawyer charge me per hour? Do I have to pay my trust lawyer hourly or will trust lawyers take my case on a contingency?
If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
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.
Do beneficiaries of a Florida trust have a lot of rights? What are beneficiaries of a Palm Beach trust entitled to? Can beneficiaries compel a trustee of a Florida trust to give them information? What can a beneficiary do to make sure that the trustee is acting properly? Can a beneficiary remove a trustee?
What is the elective share? Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse. You can disinherit a child relatively easily, just leave everything to everyone else. Estate attorneys in Florida know about the elective share statute. Do you know what it does. No matter what a spouse is left in Florida, they can elect to take the elective share. How much is it? The elective share under current Florida statute is set at 30% of the elective estate. Is that the same thing as the probate estate? Not necessarily. Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate. Simply putting everything in revocable trusts could do the trick. The elective share is not so easy to escape. Why? Because the elective estate also contains those types of property that may otherwise not be contained there. Want to learn more? You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.
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?