1-561-514-0900 FREE CONSULTATION

Category: Uncategorized

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? 

READ MORE

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. 

READ MORE

Palm Beach Adult Guardianships: What is an examining committee’s role in an incapacity hearing?

Uncategorized Feb 18, 2019
post about Palm Beach Adult Guardianships: What is an examining committee’s role in an incapacity hearing?

What is an examining committee?  Who appoints the members of examination committee? Does the examination committee determine whether or not the alleged incapacitated person is actually incapacitated? How many members are on the examination committee? What does Florida Statute 744.331 require the examining committee to do?  What can you do if you believe that an examining committee did not properly evaluate a person to be incapacitated? What if the examining committee fails to strictly follow the examining rules laid out by Florida Statute 744.331?  If you want to know more about examining committees in Florida guardianships, you should read a September 20,2018 Fourth DCA opinion, Cook v. Cook.  

READ MORE

West Palm Beach Guardianships : Comprehensive Examinations

Uncategorized Feb 18, 2019
post about West Palm Beach Guardianships : Comprehensive Examinations

What happens during the guardianship process in Florida? How is a person determined to be incapacitated? What Florida statutes or laws prescribe the methods for determining incapacity? What should your Florida guardianship lawyer know about proceedings to determine the competency of a person?  What is an examining committee’s role in an incapacity hearing? What do you do if you believe that a person has been wrongly deemed incapacitated?  For more details regarding incapacity proceedings, you should read a recent Fourth DCA opinion, Cook v. Cook.  If you would like to interview a Florida guardianship lawyer, free of charge, call (561)514-0900 ext.101 

READ MORE

Florida Guardianship Law: Proceedings to Determine the Competency of a Person

Uncategorized Feb 15, 2019
post about Florida Guardianship Law: Proceedings to Determine the Competency of a Person

What is a petition to determine incapacity? What happens when a petition to determine incapacity is filed?  How does the guardianship process in Florida work?  How are capacity and guardianship determinations reached? What tests are done to determine whether a person needs a guardianship or not? How can a Florida guardianship lawyer help you if you believe that an incapacity determination was unfairly reached? If you are involved in a Florida guardianship, you may want to read a recent Fourth DCA opinion, Cook v. Cook. 

READ MORE

West Palm Beach Estates: Curators

Uncategorized Feb 14, 2019
post about West Palm Beach Estates: Curators

Many times when handling a contested dispute in a Florida trust matter, a petition for the appointment of a curator is filed. What is a curator? What do curators do in Florida probates? How are they different than a West Palm Beach personal representative or executor? How are they different than guardians ad litem or administrators ad litem?

READ MORE

West Palm Beach Litigation: Motions for Rehearing

Uncategorized Feb 14, 2019
post about West Palm Beach Litigation: Motions for Rehearing

Is a motion for rehearing the same thing as an appeal? Do you know the difference? Did you know that a Florida  appeal is heard in a different court than a motion for rehearing? Who hears a motion for rehearing? What should your Florida probate lawyer know about these motions? If you are curious about the rules on a motion for rehearing, check out Florida Rules of Civil Procedure, specifically 1.530. In addition, you may wish to read a  case from the Fourth DCA, Mckenzie v. Mckenzie. Lastly, you could consult with an experienced Palm Beach probate attorney. To interview a trust and estates lawyer, free of charge, call (561)514-0900 ext.101.

READ MORE

In Florida, Does a Ward Have the Right to Marry?

Uncategorized Feb 14, 2019
post about In Florida, Does a Ward Have the Right to Marry?

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.

READ MORE

What Formalities Are Required to Execute a Valid Florida Will?

Uncategorized Feb 14, 2019
post about What Formalities Are Required to Execute a Valid Florida Will?

West Palm Beach probate lawyers and trust litigators know that there are certain formalities that must be met when executing a Florida will. What are these formalities? Does a Florida will need to be in writing? Does there need to be a formal signature? Does an estate planning lawyer have to prepare the will or can you prepare a will at home? You need to read Florida Statute 732.502.  

READ MORE

Does a Non-Marital Child Have a Right to Inherit From the Father?

Uncategorized Feb 14, 2019
post about Does a Non-Marital Child Have a Right to Inherit From the Father?

West Palm Beach probate lawyers know that, according to Florida law, a non-marital child is recognized as a child of the mother. What does this mean? This means that the child may inherit from and through the mother. Also, the mother may inherit from and through the child. But what about the father? Can a non-marital child inherit from the father? You may want to read Florida Statute 732.108.

READ MORE

Page 1 of 32412345...102030...Last »