Did you know that one common way for the probate courts to see if your loved one lacks capacity is to look to how they are handling their financials in West Palm Beach? Loved ones should be wary of internet scams and other ways that con artists are taking advantage of retirees in Southern Florida. If you think it could never happen to your parents, think again. Check out this recent spin on the Nigerian Prince scam, that got US attorneys involved.
Palm Beach appeals court Judge W. Matthew Stevenson is stepping down from the bench, according to the Palm Beach Post. http://www.palmbeachpost.com/news/news/local/4th-district-court-of-appeal-judge-stevenson-to-re/nqnSL/
Do you know the three main types of probate administration in Florida? Why do these differences matter for Florida probate lawyers? Learn what type of probate is right for you when you go to talk to estate attorneys Florida. Check out this recent appeal that deals with one particular type of administration,ancillary administration to learn more about all three.
In Florida probate litigation, family disputes can often spill over into the Court’s proceedings. Be careful not to assume the Court is going to take your side on the family drama because if they do not how is that going to affect your chances of success in the Florida estate litigation? Check out this recent probate appeal from the Sixth District Court of Appeal in California to learn more.
If you are serving as the personal representative of a Florida estate than you will have to serve known or reasonably ascertainable creditors with something called a notice of administration. What happens if you forget one? That is the question the Florida Supreme Court addressed in a semi-recent case,Jones v. Golden. How long do creditors in Florida have to file a notice of a claim on the estate?
When Florida estate attorneys help you draft a new estate plan or will they should be careful to make sure that you also revoke all prior wills and codicils. So what happens if the will that revokes oldwills is later deemed invalid? Are the revocations invalid as well? Check out this recent case out of Texas probate court to see how estate attorneys Florida handle these types of issues.
Does your Florida will or estate plan have a “no contest clause?” Would it surprise you to learn that Florida probate courts will not enforce clauses that put a penalty on will contests? Florida will contest lawyers know why, learn more by checking out this recent case from the Court of Appeals in Michigan. How would this be treated in Florida probate court?
Are you the personal representative of a Florida estate that is engaged in litigation against a nursing home? You may want to read this recent opinion about probate litigation and arbitration agreements that just came out of the Fifth District Court of Appeal. Can the estate be bound by an unfair arbitration agreement that caps liability for a nursing home in Florida?
Florida probate litigation often spills over into multiple states. Do you know why? Estates often contain real property from other states and trusts may be administered across state or even national territories. How do you know which state to file a will contest or trust dispute in? Check out this recent case dealing with forum selection to learn more about whether or not your case is actually estate litigation in Florida.
Florida probate lawyers may be in a rush to determine the validity of their fees but rushing could cost everyone money on appeal. Do you know why? Learn what judges have to put in their orders to avoid an appeal on attorney’s fees in Florida probate litigation. Check out this recent appeal from the Fourth District Court of Appeal to learn more.