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Category: Probate Information

Will Litigation Lawyer Florida

Our Firm Aug 15, 2023

A will litigation lawyer Florida may be needed to assist getting your inheritance. But before you start interviewing, here are some insights that may prove helpful. (To learn more about the Florida probate process, you can click this link.) Where’s my inheritance? Ever wonder why it takes some trustees so long to get your inheritance to you? Beneficiaries and family members sure do ! Same question about estate executors or personal representatives. I can’t tell you how many prospective clients call our firm each week complaining about their fiduciary. Did you know that an estate is supposed to be administered “expeditiously?” Common complaints which are repeated over and over again: Will Litigation Lawyer Florida So, do you know the signs of a “good” one? (I know, I know…. what’s “good”?) Here are some considerations . Some questions to ask when you are interviewing attorneys to assist you with your Florida estate or probate matter. Remember: try to interview as many as you have time for.


Palm Beach Probate Attorney

Our Attorneys Aug 11, 2023
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How do you find a good estate lawyer? You know….the kind that has been involved in hundreds of millions, billions (?) of dollars, of estates over his career. A good Palm Beach probate attorney will fight hard, advise you well, give you legal options and explain everything in plain-English. Everything that your lawyer is doing, right? Secret to finding How do you find a decent Palm Beach Probate Attorney? After all, there are hundreds of Florida lawyers, right? And lots of estate lawyers. Look for a lawyer who LOVES her job. Can’t wait to get into the office. Talks to clients at night. Weekends. Someone who loves being creative, and is passionate about representing his clients How will you know? Believe me………………you’ll know ! Palm Beach Probate Attorney So, here’s more about what is Florida probate. And here’s more about the Florida probate process. Here’s a list of considerations for your search for your “Alpha Dog” probate attorney:


Palm Beach Estate Attorney

Our Attorneys Aug 8, 2023
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Finding the “right” Palm Beach Estate Attorney probably turns on what you NEED. Read more below if you are in the middle of a dispute. If you need someone to write a will or trust for you, look for a good estate planning attorney. If you need some litigation counsel, consider seeing this short, free video. It just may help you find what you are looking for. Or, keep reading. How to find a good one “Shopping” for a good Palm Beach Estate attorney is kind of like searching for any service provider. What? Are you telling me that there is no difference in finding, say, a good dry cleaner or architect, from a “fire-breathing” litigator? Well, who we hire may be different, but aren’t most of your best search practices the same? Try to find someone who specializes in what you are after, who has years of experience, and someone you connect with. Have faith in. Can confide in. Have confidence in. If you are looking for a lawyer to write a will or trust, or POA, that’s an estate planning attorney. Don’t look for someone who handles probate litigation, trials and appeals. Palm Beach Estate Attorney But what if you objecting to a will or bringing a trust lawsuit? Or, maybe your Personal Representative or Trustee or Executor is not sharing information with you? Then, you need some “firepower”, right? (To see some free Florida probate litigation videos, click here.) Look for someone who backs up his or […]


Palm Beach Inheritance Lawyer

Our Attorneys Aug 6, 2023
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A Palm Beach Inheritance lawyer may be needed to help you with your inheritance. If you are “contesting” something in a Florida probate or trust, maybe you need a litigator. (Someone who actually handles probate trials + appeals all the time…..NOT just some lawyer who says they “go to court“. ) If you want a lawyer who does more than just “writes letters” demanding your inheritance, and you want a probate litigator, read on. This just may be the best 4 minutes you have spent on your Florida matter. (For more info, you can read free legal commentary and guidance by clicking HERE . ) Palm Beach Inheritance Lawyer = Firepower OK…………..not everyone needs an Alpha Dog, right? Many times, you are going to inherit money from an estate. A Florida probate. Maybe a revocable living trust. So, if you trust your trustee or Personal Representative, you don’t need a Palm Beach Inheritance Lawyer. But……………..what if that person is not sharing information with you? And………..sometimes, things are not breaking your way. Sick and tired of YOUR Personal Representative or Trustee not showing you the books? Or NOT telling you where YOUR money is? What can you do? (For a brief read, free, on whether you need to hire a pitbull or not, read THIS.) Baby Steps OK…………..so there are some basic, simple things which you can do. First of all, you can open a probate. That’s a court proceeding. Why? Because it causes all “interested persons” to play by the […]


Florida Heirs

Probate Information Jan 19, 2023
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Who are Florida heirs and how much do you inherit? Heir Inherit an Intestate Estate Many people die in Florida without a will. When that happens, the estate is called an “intestate” estate. The Florida laws of intestacy rule. What do the laws of intestacy say? They say that heirs inherit. How much? The entire estate. But remember, that you have to pay taxes, claims, creditors and expenses of administration before beneficiaries see a dime. (For more on intestacy, click here.) Who Are Florida Heirs? OK…………..so, who, exactly are Florida heirs? First of all, a surviving spouse is. Descendants are. Like minor or adult children and a deceased child’s children. Note that being an “heir” is different than being an interested person. If the spouse of the deceased Florida resident is the parent of all the children of the deceased Florida resident, the spouse takes the entire estate. Unless he or she waived inheritance rights. Like in a prenup. Then, her or his rights to inherit are limited by the prenup. Assuming the prenup is valid or cannot be turned over. But , then again, sometimes people fight about the “plain” language in a prenup. If the spouse is not the parent of one or more of the deceased Florida resident’s children: the spouse takes half the estate and the other heirs take the other half. Remember: homestead is often a very valuable asset. That’s the one true home of the deceased Florida resident. Although the spouse has lots of […]


Who Are Heirs in Florida?

FAQs Jan 18, 2023
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Heirs can inherit an entire Florida probate. Like….. all the property of the dead Florida resident. BUT, there are rules. To learn more about whether you are an heir or not, keep reading, or click here. Florida Probates + Family Who are heirs in Florida? That class of “legal actors” are those who inherit under the laws of intestacy. There is a Florida statute right on point in the Florida Probate Code. Check out Florida Statute 731.201(20). These can include the surviving spouse (if any), adult or minor children, and, maybe, grandchildren (children of deceased children). To read more about intestacy, click here. Quick note: an heir may be different than an “interested person.” Remember, not everyone can participate in a Florida probate. You need some connection. That’s an interested person. And remember: often, one’s house or homestead is very, very valuable. So, find out how the house “goes” and see if you get a share. Who Are Heirs and What Do They Inherit? In Florida, a person has the right to dispose of her wealth as she sees fit. That means that she can leave it all to whomever she wants. You just can’t dis-inherit your spouse completely. A surviving spouse has a LOT of inheritance rights. Unless they signed a prenup. Children…………..that’s a different story. But, if there is no will, that’s called intestacy. Heirs inherit the entire estate in an intestacy. What some call an “intestate estate.” But remember, heirs only get paid after all the creditors, […]


Estate Appeal — now or never in Florida !

Probate Information Jan 14, 2023
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This legal commentary is on a Florida estate appeal. It will list each probate ruling which you MUST appeal within 30 days under the “new” Florida Rule 9.170. To learn more about a probate appeal or a homestead appeal, click those links for free commentary. Understanding the Basics So, here are some of the basics to understanding an estate appeal in Florida. After all, every day in Florida, family members, beneficiaries, interested persons and personal representatives are faced with orders and judgments. Knowing if you can live with them, or if it makes sense to take an appeal, are challenges which many face. In many instances, you have to wait until the end of your legal matter (e.g. trial) to file an appeal. You only file an appeal if you believe that the probate court committed reversible error. (For short video on an appeal regarding a petition to revoke probate, click here.) More Basics — to help you understand What do you do if you WIN in the probate court? And the other side appeals? Well, you have a couple of options. One, you may not want to spend the money on an experienced probate appellate attorney. Two, maybe someone else will defend the judgment or order and “fight” the appeal so you don’t have to. Or, three, maybe you file a limited cross-appeal. This may be done if you believe that there was one little, or limited, error that needs correcting. Talk to your probate appeals lawyer about whether […]


Probate Appeal

Probate Information Jan 14, 2023
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When does a probate appeal in Florida make sense? Well, for some orders, you actually MUST appeal right NOW– within 30 days of the order. Or you can’t later. Here are some pointers for beneficiaries, family members, creditors and personal representatives. For legal commentary on appeal attorneys fees, click here. Probate Appeal and the “secret rule“ OK, so you are involved in a probate. A Florida estate. And the probate court judge just handed down a ruling that you don’t like. And, maybe that ruling affects one’s inheritance, or some important estate assets (like homestead), or how the estate will be administered. (like, who will be the administrator or personal representative). Maybe there was a will contest. Anyway…… You want to know if you can, or should, file an appeal. There is a lot to consider over a short time frame. Remember, in the Florida probate process, time is almost never on your side. Super short deadlines requiring you to act. For a free Florida legal video on this subject, click HERE. There are two things which you need to know right away. One, how much time do you have? Two, is the order that was handed down, one subject to Florida Rule of Appellate Procedure 9.170? A few years ago, probate litigation attorneys were introduced to a new appellate rule. This “new” rule (not so “new” anymore, right?) made certain probate court orders IMMEDIATELY “APPEALABLE.” That also means that if you don’t appeal now, you end up living with […]


Homestead Florida

Probate Information Jan 14, 2023
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One’s true and single abode, or home, is your Florida homestead. And family members inherit millions, if not billions, of dollars each year from this unique asset. How do you get yours? For more on homestead litigation, click that link. Understanding the Basics Here’s a list of important bullet points that will start you on your way to understanding homestead. To assert your right to an inheritance, you may need to file two things, if everybody cannot agree. A petition to determine homestead or beneficiaries. And maybe a partition action. The truth is that lots of Florida residents, even really rich ones, die without a will. All the time. That means that millions of dollars are going to “heirs.” Most of the time, one of the most valuable assets in the estate is the house. Here are things you need to know : Each Florida resident has one homestead. Only one, no matter how many houses you have. There are three areas of legal importance: creditor protection, real estate taxes and who gets it when when you die. This commentary is about the last topic. There are restrictions on how you can, must or may leave it. (it’s often referred to as restrictions on “devise”) If left one way, the house is said to automatically “descend” to the heirs. (a spouse is included in the class of heirs) You cannot dis-inherit your spouse from your homestead unless he agrees in writing. Yes, spouses in Florida have automatic rights to homestead […]


Homestead Appeal

FAQs Jan 13, 2023
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A homestead appeal often means that there are millions of dollars on the line. So, you need a probate lawyer who understands both the intricacies of Florida homestead and also appeals. (To read about getting attorneys fees for your appeal, consider reading this). Experience Counts Let’s face it. Experience Counts. Homestead law is confusing. So are appeals. And sometimes there is “tension” between a 2nd, 3rd or 4th spouse and the deceased Florida resident’s adult children. But, in Florida, a surviving spouse or widow has VERY VALUABLE PROPERTY RIGHTS. Unless you signed a prenup. But even then, folks “fight” over what the prenup says. What its terms are. Who gets what? That’s why it makes sense to find a law firm that has handled appeals for years. And specifically homestead litigation and appeals. Here is a recent homestead appeal that got the client millions of dollars. The adult children of the deceased Florida resident “fought” the surviving spouse, who signed a prenup. The 4th District Court of Appeal reversed the Palm Beach County probate judge (who gave the spouse nothing). The DCA agreed with the lawyers for the spouse –she should get half of the homestead. When the appeal finished, the real estate market was on fire. The residence was worth millions. And the spouse got millions. Homestead Rights So, the surviving spouse has very valuable homestead rights. This includes a right to live in the deceased Florida resident (spouse’s) home. See Florida Probate Law 732.401. Or, under limited 6 […]