Roger Ailes, former Fox News chairman, recently passed away in Palm Beach, Florida. Therefore, his estate will most likely be probated in Florida. His wife and children will probably inherit what he left behind according to a Florida will or trust. This is assuming that he met with a West Palm Beach estate planning attorney to create estate planning documents.
As we all know, Rockstar Prince passed away last year. His estate is currently being probated. With such a large estate, there has been a good amount of litigation, especially since Prince died intestate. What does dying intestate mean? This means that Prince died without a will. Therefore, heirs had to be identified, inheritances will need to be distributed, business decisions need to be made, and more! Could all of this money spent on litigation have been saved if Prince would have died with a detailed estate plan? Hiring an estate planning lawyer before you pass away is definitely a good idea, especially when your estate is worth millions.
On June, 26 2017, Governor Rick Scott vetoed House Bill 277. This bill creates the Florida Electronic Wills Act, which “authorizes the creation and execution of electronic wills, and provides that the execution of electronic wills may be witnessed and notarized through the use of remote technology.” How would approving electronic wills impact the Florida probate world? Would it be harder for probate litigators to assist clients in contesting Florida wills? How would you be able to prove that the testator electronically signed a will if her physical signature is not required?
What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? Do wills in Palm Beach need to be notarized? What is an electronic will? How would the Florida Electronic Wills Act affect the execution of wills? If electronic wills were approved in Florida, would West Palm Beach trust lawyers need to interpret Statute 732.502 differently?
What is an electronic will? Does Florida recognize them? How would electronic wills in Palm Beach affect Florida probate litigation? Why did Governor Scott veto House Bill 277?
Are you being held in contempt of the court in Florida? If you are found guilty of contempt, can you appeal? What happens if you disrespect a probate judge? Should West Palm Beach probate lawyers always follow court orders? If a Florida estate lawyer makes a mistake and forgets about a court ordered conference, what should they do? Rosenwater v. Deutsche Bank National Trust Company, a May 21,2017 Fourth DCA opinion, explains that the trial judge in this particular matter should have disqualified himself from a hearing. Although this is not a probate case, Probate lawyers or litigants could find themselves in the same situation if they do not take court orders seriously.
When the other side fails to follow a court order in a Florida trust lawsuit or will contest, you may be able to seek contempt proceedings. West Palm Beach estate lawyers need to know the ins and outs of these rules because they may not be as simple as they sound. Want to learn more? Check out this recent appeal from the Fourth District Court of Appeal (DCA).
Robert Hauser is a partner at Pankauski Hauser PLLC in West Palm Beach, Florida. He recently received recognition from The Florida Bar for his six years of service on Florida’s Appellate Practice Certification Committee.
Pankauski Hauser partner Robert Hauser recently received recognition from The Florida Bar for his six years of service on Florida’s Appellate Practice Certification Committee.
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