Is the trustee of your trust behaving badly?  What rights does a trust beneficiary have?  Before you go to church to pray, consider some pointers about dealing with a trustee who is not nice. What do I do if my trustee is ignoring me?

All to often people think that their wills are valid simply because they reflect  the persons true intent, or they think thatbecause no one will contest the will that it is presumed valid. This is a fatal mistake, as any Palm Beach Probate Attorney can tell you, its just not that simple. One common type of will that is considered valid in some states is the “holographic will.” Some States recognize these under limited circumstances, for example Oregon will use them rather than proceeding through intestate succession. Florida will not. Learn more here, on holographic wills and other invalid forms of last testament in Florida.

This morning I was reading an article by Forbes magazine that I attached a link   to below. Apparently now Facebook has a “Legacy Contact” that lets you decide what happens to your social network profiles when you die. This is a good sign to me as a Palm Beach Probate Attorney, I want people thinking about their legacy and what to do with their assets. Facebook is something most people check on as religiously as their email (some even more frequently!) and if Facebook is thinking about people’s legacy, hopefully it will be on the national conscious too. 

“[I]n 2001 decedent took his original copy of the 1997 will, urinated on it and  then burned it. We hesitate to speculate how he accomplished the second act after the first. In any event, decedent’s actions lead to the compelling conclusion he intended to revoke the 1997 will.” – Estate of Stoker, 193 Cal. App. 4th 236 (Cal. 2011). I am often asked how do I revoke a will in Florida?

Florida Estate’s not only have inheritance to heirs it also has debt that  is owed to creditors. One of the most important duties of the Personal Representative in a Florida estate is the proper payment of creditors  based on their priority. The personal representative has a duty to pay the decedent’s administrative expenses and obligations to creditors that have filed creditor claims. One of the most common questions we get is how to determine the priority of creditors luckily the Florida Statutes make it clear what preferences are to be awarded. 

Remember Anna-Nicole Smith? The former playmate who married a  billionaire who was a bit older than her. Did you know that she made ninety million dollars after her husband died? Even more surprising, not a dime of that was directly from her deceased husbands estate. That’s right Anna Nicole Smith brought an action for tortious interference with expectation of inheritance in a Texas Probate Court. Truly, Smith’s award is one of the largest in the history of this type of tort but this tort is becoming more and more common especially in Florida – a hot bed of inheritance and will disputes. What may surprise a reader is the relative ease at which this tort offers remedy compared to the alternatives before it came to existence.

A very interesting case was just handed down by the Fifth District Court     of Appeals in Florida earlier this month. On February 6, 2015 the Court dealt with the case of Kemp v. Chisolm. Any Palm Beach Probate Attorney has been fielded with questions regarding adoption and inheritance. This case is a great way to illustrate the basics of how adoption affects inheritance rights.

Few people think about it but when you go into another state you submit yourself to the jurisdiction of that Court. Similarly, if you are a trustee of a trust in Florida, you may similarly be held accountable by Florida Courts even if you never have been to the State. This month a Florida Court handed down a decision that increases your rights to challenge a claim against you based on personal jurisdiction. If you are affiliated with a trust of other legal devise in Florida read more and know your rights. 

A son and father were in dispute over their deceased mother/wife’s last will and testament. Issues included whether shewas domiciled in Florida or Pennsylvania, in a world where technical rules govern most things it may surprise you to learn that much of how probate is done depends on who files first, and where. Here are two ways to ensure you probate a will where you want and how you want.

Will contests can get bitter and last years. Usually parties complicate the litigation to the point where an actual trialon all the issues raised may be largely impossible. This is where mediation comes in, all cases in Florida go through mediation. Mediation is not in and of itself binding, but if you forfeit your rights under a mediation agreement the courts will hold you it, absent a finding of fraud or mistake. As the case I outline below shows, merely having a change of heart is not enough to warrant over turning such an agreement.