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Florida Estate Lawsuits: Depository For Estate Assets

Uncategorized Apr 24, 2019
post about Florida Estate Lawsuits: Depository For Estate Assets

A January 9, 2019 Fourth DCA opinion, Goodstein v. Goodstein, is a good example of a Florida inheritance dispute between the beneficiaries of an estate and the personal representative. Here, the personal representative appeals a non-final order granting the beneficiaries’ petition to designate a trust company as a depository for estate assets. What is a restricted depository? When is one necessary in a Florida probate? What are the circumstances that provide support for a restricted depository? What should my probate lawyer know about these issues? 

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Do My Mom and Dad Need Orlando Guardianships?

Uncategorized Apr 24, 2019
post about Do My Mom and Dad Need Orlando Guardianships?

What is a guardianship? When is a guardianship necessary? Can an Orlando guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida Guardianship Law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?

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What Does Florida’s Slayer Statute Say?

Uncategorized Apr 24, 2019
post about What Does Florida’s Slayer Statute Say?

If a person unlawfully kills someone, intentionally kills someone, or merely  participates in procuring the death of someone, that person is NOT entitled to any benefits under the Florida will or trust of the victim. To find out more information about this, read Florida Statute 732.802. This statute is known to West Palm Beach probate lawyers as Florida’s Slayer Statute.

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Florida Intestate Estates and Family Rivalries: Does Having a Florida Will Help?

Uncategorized Apr 24, 2019
post about Florida Intestate Estates and Family Rivalries: Does Having a Florida Will Help?

Probate litigators frequently encounter battles between a decedent’s children and the decedent’s second or third spouse. These battles can get every heated when there is no will involved, especially if there is a question as to whether or not the surviving spouse was legally married to the decedent at the time of his or her death. This is exactly what happened in Cohen v. Shusan, a Second DCA opinion.

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Florida Trust Litigation and Qualified Beneficiaries

Uncategorized Apr 23, 2019
post about Florida Trust Litigation and Qualified Beneficiaries

A January 9,2019 Fourth DCA opinion discusses what is required for a charity to be considered a qualified beneficiary of a Florida trust. Why is being a “qualified beneficiary” important? It is important because trustees of West Palm Beach or Orlando trusts are only required to “inform and account” to the trust’s qualified beneficiaries. 

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Can a Charity be a Qualified Beneficiary of a Florida Trust?

Uncategorized Apr 23, 2019
post about Can a Charity be a Qualified Beneficiary of a Florida Trust?

Who can be a beneficiary of an Orlando or Boca Raton trust? Can a charity be a qualified beneficiary of a trust in Florida? What is Florida Statute 736.0110 ? If you are deemed to be a qualified beneficiary of a trust, what rights do you have? What are beneficiaries of trusts in Florida entitled to? A recent Fourth DCA opinion, Hadassah v. Melcer, discusses this issue. 

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Probate Litigation: Beneficiaries v. Personal Representative

Uncategorized Apr 23, 2019
post about Probate Litigation: Beneficiaries v. Personal Representative

West Palm Beach probate litigators frequently encounter inheritance cases where the beneficiaries of a Florida estate sue the personal representative of the estate. Usually, these inheritance lawsuits are even between family members. What are these disputes over? What types of issues do trust and estates lawyers frequently encounter? When do you need to hire a Florida probate lawyer? What do you do if a personal representative or executor is being bad? What rights do you have as a beneficiary? Is there an estate issue worth suing over in your Florida probate matter? A January 9,2019 Fourth DCA opinion is a good example of a lawsuit between a Florida personal representative and the beneficiaries.

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Can an Improperly Executed Trust Amendment Be Validated Under the Statute Permitting Reformation to Correct Mistakes of Law Affecting the Settlor’s Intent?

Uncategorized Apr 23, 2019
post about Can an Improperly Executed Trust Amendment Be Validated Under the Statute Permitting Reformation to Correct Mistakes of Law Affecting the Settlor’s Intent?

What happens if a trust is created but it was not properly signed by two witnesses? What if a Florida trust is not properly executed? Is a trust that is not properly executed in Florida still valid? Can an amendment’s improper execution be corrected under the statute permitting reformation of mistakes? If you are involved in trust litigation where a mistake was made in the execution of a Florida trust, you may want to read Kelly v. Lindenau, a May 17, 2017 Second DCA opinion. Here, the validity of a trust amendment was in question. The trust amendment in the Florida probate case conveyed settlor’s residential property to a beneficiary. The issue was that the trust amendment was not signed by a second witness. Therefore, according to Florida trust law, it was not properly executed. The successor tustee brought action against the beneficiary in the aendment seeking declaration as to the validity of the trust amendment. The benefificary filed a counterclaim seeking reformation of the trust amendment, and the trial court ultimately granted the beneficiary’s counterclaim. However, the Second DCA disagreed with the trial courts decision. The appellate court help that “amendment’s improper execution could not be corrected under statute permitting reformation of mistakes, and constructive trust was improper remedy for error in execution.” To read the entire case, click here.

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What are the Rights of a Person Determined Incapacitated in Florida?

Uncategorized Apr 23, 2019
post about What are the  Rights of a Person Determined Incapacitated in Florida?

What is Florida Statute 744.3215? Did you know that if you are deemed incapacitated in Florida, certain rights may be taken away from you? Can all of my rights be taken away from me? What rights will I still have if I am a Ward? How can my guardianship lawyer help me to understand my rights? Florida Statute 744.3215 is the relevant statute. It lists the rights that a person retains when determined incapacitated and the rights that may be removed.

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