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Category: Uncategorized

GAY MARRIAGE GETS TEXAS INHERITANCE RIGHTS – anti DOMA ruling gives same sex marriage & gay couples inheritance & estate rights worth billion$

Uncategorized • Mar 13, 2014

Same sex marriage ban in Texas keeps $$$ and rights away from same sex couples validly married in other states.    Everyone knows that inheritance rights are worth billions and billions of dollars. The Boston College Center on Wealth & Philanthropy has estimated that $41 Trillion will pass from the WWWII generation.   So what do probate, trusts, valuable homes and bank accounts have to do with same sex marriage and a recent Texas federal case?  

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DEMENTIA DISCOVERY IN PROBATE LITGATION & WILL CONTESTS — challenging the will, and contesting the probate : 13 “must do’s” if you want to know …… Q: was mom or dad competent when they signed the will ?

Uncategorized • Mar 13, 2014

Are you in the middle of a probate litigation case in Palm Beach, Boca Raton or Delray Beach ? Are you in the middle of a will contest ? Is dementia an issue? Did mom or dad have the right  mental capacity when they signed the deed or Florida will or Palm Beach trust ?   Maybe you are objecting to the Palm Beach will or have started a will contest.  Or, you are the Palm Beach executor of the estate — the personal representative of the Palm Beach Estate — who is charged with defending the last will against a will challenge. 

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TRUST LAWSUIT, UNDUE INFLUENCE & LACK OF CAPACITY: TRUST REVOCATION INVALID 3 WEEKS AFTER SIGNING VALID WILL — Minnesota cases holds trust creator lacked capacity to sign trust amendment & was unduly influenced

Uncategorized • Feb 28, 2014

Here’s a very recent    probate litigation case,  which is also a trust litigation case,   which can show you how fast one’s health can deteriorate — and the     effect it can have on your estate plan,   your last will, and your revocable trust.  It also shows you how, after you die, your family members, heirs at law, next of kin, your beneficiaries, and even your ex-wife, can be involved in an inheritance lawsuit and lots of trust litigation.  

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WHERE DOES MY FLORIDA DEPOSITION TAKE PLACE ? — can they make me come to Florida ?

Uncategorized • Feb 27, 2014

If you have ever been involved in a Palm Beach probate case, or a Palm Beach inheritance lawsuit, you understand the importance of the “discovery” process.  The discovery process is an important part of any estate lawsuit or trust dispute, and is governed by the Florida probate rules & the Florida Rules of Civil Procedure.  The discovery process helps heirs, next of kin, family members, personal representatives of the Florida estate, and others learn answers to important questions like:  where’s all the money  ?   I thought mom or dad’s estate had more money: where is it ?   Who has mom or dad’s medical records  ?  Did they know what they were doing when they changed their will or trust ?   An important part of the discovery process in probate litigation is the “deposition.”  A Palm Beach appeals court case whose opinion was just issued yesterday answers the question:  do I have to travel to have my deposition taken ?

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PALM BEACH PROBATE LITIGATION : NOT SHOWING UP FOR COURT HEARING CAN RUIN YOUR DEFENSE

Uncategorized • Feb 27, 2014

Have you ever been involved in a Palm Beach probate or a Ft. Lauderdale estate lawsuit and been ordered to show up in Probate Court by the probate judge ?   Probate judges requiring you, a party to a probate lawsuit, to attend a court hearing is common, including case management conferences or status conferences before a probate trial.  A recent Broward County, Florida ruling which dismissed the defenses of a party who failed to show up to Broward court when ordered, demonstrates the importance of following court orders.

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WHAT FLORIDA TRUSTEES CAN LEARN FROM THE US SUPREME COURT CASE ON STANFORD PONZI SCHEME– suing third parties

Uncategorized • Feb 26, 2014

What should Florida trustees know about the Stanford Ponzi scheme case ?  I’m not just talking about investment losses, or trust losses.  I’m talking about what Palm Beach trustees and trustees of Florida trusts might want to take away from the recent US Supreme Court decision.    You — a Palm Beach Trustee or a Ft. Lauderdale Trustee —- may have to sue someone else who caused harm to your Florida trust or who harmed your Florida trust beneficiaries.  Here’s what the US Supreme Court said about recovery investment losses from that Ponzi schemer and here’s what every Florida trustee should know about Florida Trusts, the Florida Trust code and Palm Beach Probate.

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