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

If I Am Adopted, Can I Inherit From My Adoptive Parents in Florida?

Uncategorized Feb 19, 2019
post about If I Am Adopted, Can I Inherit From My Adoptive Parents in Florida?

What do West Palm Beach probate lawyers need to know about adoption? What do Delray Beach estate planning attorneys need to know about adoption? In Florida, do adopted children inherit from the parents who adopted them? What about foster children? Do foster children in Florida have the same rights as adopted children? If I am adopted, can I still inherit from my biological father? If I’m adopted do I get to inherit from both my natural parents and my adoptive parents? A January 4, 2017  Court of Appeals of Texas opinion discusses adoption and a trust.

READ MORE

Common Law Marriage in Florida: Does it Exist?

Uncategorized Feb 19, 2019
post about Common Law Marriage in Florida: Does it Exist?

What is common law marriage? What does your Florida probate lawyer need to know about common law marriage? Does Florida recognize common law marriage? 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?

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

Page 2 of 32412345...102030...Last »