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Category: Uncategorized

Florida Temporary Injunctions, Divorce, and Inheritances

Uncategorized Apr 14, 2019

Do you know what a temporary injunction is? When can you request an injunction in your Florida inheritance or divorce lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission? Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Olson v. Olson.

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Temporary Injunctions and Florida Inheritances

Uncategorized Apr 14, 2019
post about Temporary Injunctions and Florida Inheritances

A November 14, 2018  Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of  important rules regarding temporary injunctions in Florida litigation.

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Florida Probate Litigation: Unjust Enrichment Claims

Uncategorized Apr 14, 2019
post about Florida Probate Litigation: Unjust Enrichment Claims

What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

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Orlando Guardianships & the Right to Marry

Uncategorized Apr 14, 2019

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

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Attorneys Fees, Interested Persons, and Guardianship Litigation

Uncategorized Apr 11, 2019
post about Attorneys Fees, Interested Persons, and Guardianship Litigation

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

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What Rights do Beneficiaries of a Florida Trust Have?

Uncategorized Apr 11, 2019
post about What Rights do Beneficiaries of a Florida Trust Have?

Do beneficiaries of a Florida trust have a lot of rights? What are beneficiaries of a Palm Beach trust entitled to? Can beneficiaries compel a trustee of a Florida trust to give them information? What can a beneficiary do to make sure that the trustee is acting properly? Can a beneficiary remove a trustee?

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Can my husband or wife leave me nothing in his or her Orlando Will?

Uncategorized Apr 11, 2019
post about Can my husband or wife leave me nothing in his or her Orlando Will?

What is the elective share? Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse. You can disinherit a child relatively easily, just leave everything to everyone else. Estate attorneys in Florida know about the elective share statute. Do you know what it does. No matter what a spouse is left in Florida, they can elect to take the elective share. How much is it? The elective share under current Florida statute is set at 30% of the elective estate. Is that the same thing as the probate estate? Not necessarily. Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate. Simply putting everything in revocable trusts could do the trick. The elective share is not so easy to escape. Why? Because the elective estate also contains those types of property that may otherwise not be contained there. Want to learn more? You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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Does Florida Recognize Common Law Marriage?

Uncategorized Apr 11, 2019
post about 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?

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