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Category: Uncategorized

Inheritance Dispute Leads to an Injunction Against Stalking

Uncategorized Jan 14, 2019
post about Inheritance Dispute Leads to an Injunction Against Stalking

Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. Your experienced trust and estates lawyer should know how to handle the emotional issues in addition to the law. This is because non-legal issues, such as disdain for family members, are often major “influencers” to litigation.

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Florida Guardianships & The Right to Contract

Uncategorized Jan 11, 2019
post about Florida Guardianships & The Right to Contract

Did you know that certain rights can be taken away from you if you are deemed incapacitated by a Florida guardianship court? What can you do to protect yourself from becoming the ward in a Florida guardianship matter? How can an estate plan benefit you, even before you die? When should you consult with a Florida estate planning lawyer? How can an estate plan help you to avoid a guardianship?

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Florida Probate Litigation and Prior Wills

Uncategorized Jan 11, 2019
post about Florida Probate Litigation and Prior Wills

Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation? 

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Florida Divorce and Life Insurance Contracts

Uncategorized Jan 11, 2019
post about Florida Divorce and Life Insurance Contracts

Can a Florida divorce court compel one of the spouses who is divorcing to keep a life insurance policy even after divorce? Although we are probate lawyers, not family law lawyers, we frequently get contacted regarding the issue of life insurance . Many times, we get calls from family law and divorce lawyers, or people who were a party to a divorce, when one of the spouses passes away. The Florida lawyer or spouse calling realizes that they may be a creditor of the deceased ex-spouse’s Florida estate.

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Does the Incapacitated Person in a Florida Guardianship Proceeding Have the Right to Hire a Lawyer?

Uncategorized Jan 10, 2019
post about Does the Incapacitated Person in a Florida Guardianship Proceeding Have the Right to Hire a Lawyer?

Are you involved in a guardianship in Florida? Are you facing a guardianship hearing in West Palm Beach or Miami? Do you need an experienced guardianship lawyer? Has your right to contract been taken away from you in a guardianship proceeding? If you are facing an incapacity proceeding, but have not yet been determined to be incompetent, can you hire your own Florida lawyer? What if you already HAVE been deemed incapacitated by the Florida guardianship court? You may want to read a recent Third DCA opinion, Jacobsen v. Busko. 

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Guardianships, Florida Law, and the Right to Contract

Uncategorized Jan 10, 2019
post about Guardianships, Florida Law, and the Right to Contract

Are you involved in a West Palm Beach guardianship? Does the ward want to hire a guardianship lawyer to represent him or her in the Palm Beach guardianship proceedings? Did you know that, if you are deemed incapacitated by the court, important rights may be removed from you? Can a ward choose which Florida guardianship attorney  he or she wants to hire? A recent Third DCA opinion, Jacobsen v. Busko, answers these questions. 

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What is Florida Statute 732.501?

Uncategorized Jan 10, 2019
post about What is Florida Statute 732.501?

Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida probate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries.

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What is an “afterborn heir”?

Uncategorized Jan 8, 2019
post about What is an “afterborn heir”?

What is an “afterborn heir”? When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.

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