Anthony Edward Simoneau, 46 left his Hawaiian getaway in handcuffs in face charges stemming from the death of his wife eight years ago. Mr. Simoneau pleaded no contest yesterday (March 12, 2015) tovoluntary manslaughter. Originally facing 25 years in prison he now only is facing 11 years of prison after possibly intentionally killing his wife for her inheritance! As a Palm Beach Probate attorney these stories are always shocking to me especially when you find out what actually ends up happening to the money if the suspect is convicted of murdering the heir.

Some relationships last a lifetime like a good barber and his customers, others  like a drive thru are just less personal. Believe it or not relationships with your different attorneys is very similar, if you are injured in a crash you may not ever use that PI (personal injury) attorney again, but if you use a tax attorney, my guess you are going to want to see that guy again and again. A probate attorney should also be a repeat offender in your legal arsenal— pick one you like. A 2014 case out of Massachusetts shows the dangers of an ill chosen probate attorney. 

If a probate court does not give an adequate remedy there are alternatives such as civil court. A variety of remedies are available but the most common plead in Florida is tortious interference of inheritance or expectancy. A recent case in New Jersey highlights what you need to know before you pursue a remedy outside of the probate courts.

At the end of the day law is about money, you hire probate attorneys to  protect and access your wealth and assets. So it does not make a ton of sense when you end up being billed more than your case was ever worth. I strive to make sure that my fees are fair and that my clients are happy, I hope your Palm Beach Probate Attorney does the same. But a recent case out of the Second District Court of Appeals held that you as a client have a right to review your fees, and frankly anyone who is interested in saving their assets should listen up.

Protecting assets against loss is a common goal of estate planning.   Asset protection trusts come in many different forms and can be used to protect property for the use and benefit of you as well as your families and other beneficiaries. 

Guardianship proceedings can be a strenuous and expensive thing.  Often you want an elderyly parent to be taken care of but they are not prepared to fight the fight. You will have to tell them that you do not feel they can take care of themselves, whether it be in the court room or prior to the hearing. A case out of Florida that was decided March 4, 2015 discusses a common scenario the court has to decide who pays for all the costs of guardianship, and keep in mind its usually the elderly ward.

As you are probably aware in Florida you need two witnesses for a valid   will. Most States have similar requirements and Tennessee is no different. A case decided February 9, 2015 in the Court of Appeals in Nashville, Tennessee highlights the importance of where a witness signs in other words just signing your name to the bottom is not good enough to witness your mothers will, and if you don’t want to drive back down to Boca to sign it again, read up!

Are you involved in business litigation Palm Beach? High dollar commercial litigation Florida? If you are a business owner or a member of a Florida LLC or partnership, should you consider hiring a business litigator Boca Raton on a contingency fee. 

In Florida there are two primary forms of guardianship, involuntary  and voluntary.  Although the large difference is obvious by the name there are intricacies between the two that you need to know and evaluate before considering a guardianship in Floirda. A recent case from February of this year, Whiting v. Whiting highlights the necessary differences quite well but for the best and most clear answers always consult an experienced Palm Beach Probate Attorney. 

I have written about the pour over will before, basically a testator   can set up a trust while they are living and act as trustee themselves and when they die, the trust will transfer to their heirs as a beneficiary. There are several things that you and your Florida Probate Attorney will need to get in order in order for the trust to be effective.