Are you considering contesting a will in West Palm Beach?   Does the will contain a forfeiture or penalty clause that may disinherit you for contesting the will? Did you know these are not enforceable in Florida? Do you know why?

Are you preparing a testamentary trust in West Palm Beach?  Are you creating an inter-vivos trust for your enjoyment? Did you know that certain trusts are allowed to be oral and without formal writing? You may want to make sure your trust falls within these lines – do you know how? Here is a quick guide to trust formalities but for more in depth analysis it’s always best to contact an experienced Palm Beach probate litigator.

Are you a creditor of an estate in Florida? You may be a creditor and not even know it. Creditors in Florida have rights to money owed to them from the person who passed away. Read on to learn more about creditor’s rights in a Florida probate proceeding.

Does your adult parent have a new spouse in their old age?  Does a new wife concern you about elderly exploitation? You may have grounds for petitioning the court for West Palm Beach guardianship if your father is showing signs of diminished capacity. Do you know how to show that guardianship is proper in West Palm Beach or how to prove diminished capacity?

Have you performed services for a decedent of an estate in   West Palm Beach only to have thepersonal representative refuse to pay you? Were you performing landscaping without a contract or in the process or redesigning their home? Just because you do not have a contract does not mean you cannot recover from the estate. Do you know how to get paid? One good way to start would be a claim for quantum meruit. Check out this new case out of the Fourth District Court of Appeals to learn more about this old rule in equity.

Have you retained counsel for a West Palm Beach probate   dispute or will contest and it just did not work out? Sometimes you will have to terminate counsel for various reasons. Have you noticed something called a charging lien being filed on a West Palm Beach docket for the case? You may have a right to examine that charging lien in an evidentiary hearing do you know how minimize the effect of that lien? Check out this interesting case out of the Fourth District Court of Appeals.

What do you know about marital assets in West Palm Beach?  Did you know that by co-mingling funds in a joint account you can turn property that was once yours into marital property? Do you know why that matters? In divorce non-marital assets are not subject to  equitable distribution. So what happens when an elderly man accidentally deposits three million dollars into his joint account when he meant to put it in a separate account? That is just what the court had to decide in this landmark case out of the Fourth District Court of Appeals.

Are you a personal representative of a Palm Beach estate? As a personal representative there are certain responsibilities that you must be aware of. Failure to take these responsibilities into account could lead to probate litigation down the line. Here are 4 things you should know if you are a personal represeantative of a Florida estate.

Are you in the midst of a civil case in West Palm Beach  for tortious interference with an expectancy interest? Has the case been referred to a magistrate? Do you know what that means or how it alters your strategy? Check out this recent case out of the Fourth District Court of Appeal and learn more.

Do you know whether or not you can challenge a  West Palm Beach will? Are you an interested party? Experienced Palm Beach probate litigators can tell you, in order to contest a will you will require standing. Do you know what that means? Take a look at this Fourth District Court of Appeals case where a bank was found to lack standing to foreclose on a loan. Don’t think standing matters, think again.