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.
Florida probate lawyers know documents get lost, that includes occasionally a Last Will and Testament. What can you do when your Florida will is lost? Can you get a lost will admitted to probate? Florida estate attorneys know how to get the will admitted with limited Florida probate litigation. Want to learn more? Check out this recent appeal from the Courts of New York that deal with a lost will being admitted to probate.
Does a Florida will need to be in writing? Yes! Does the Palm Beach probate court recognize oral wills? No! What if I recorded what I want to happen to my Boca Raton estate on my iPhone? Is this a valid will? No! What if your elderly mother tells you what she wants done with her estate? Completely oral wills are called “nuncupative” wills. They are also sometimes called oral wills. These are not valid in Florida! Florida Statute 732.502 states that every Florida will must be in writing. In addition, there are other requirements that must be met to properly execute a Florida will.
Rosenwater v. Deutsche Bank National Trust Company, a May 21,2017 Fourth DCA opinion, explains that the trial judge in this particular matter should have disqualified himself from a hearing. Although this is not a probate case, Probate lawyers or litigants could find themselves in the same situation if they do not take court orders seriously.
What if the language in a Boca Raton trust is not clear? What happens if a certain provision in a trust can be interpreted to mean two different things? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates how easy it is for people to read the same document but interpret it differently.
Do you know how to file an objection to an Orlando will? Do you know how to object to a Florida probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.
Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.
Are you involved in an inheritance conflict, will contest or petition to provoke probate in a West Palm Beach probate court? If so, you may be familiar with the term “undue influence”. Palm Beach trust and estates lawyers know that a will may be void in a Florida probate action if the will was obtained through undue influence. In addition, changes to beneficiary designations or estate planning strategy, when caused by undue influence, may be void.
A June 21, 2017 Fourth DCA opinion, Lerner v. Dum, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Lerner v. Dum reminds us of a VERY important rule regarding temporary injunctions in Florida litigation.
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.