In Florida guardianship is a way to protect a minor or other ward that may not be able to protect themselves. When a guardian is abusing their powers this poses a big problem after all who has the legal duty to oversee that? The answer would appear to be the probate court however you maybe surprised to the limitations placed on the Court in this regard. A recent Appeal Court decision in the Third District illustrates this point well.

In Florida being a Personal Representative for an estate obligates you to pay off all taxes owed. Few people realize this burden they are assuming when they take on a Personal Representative position for a friend of loved one. This is not a Florida thing at all actually, its federal law. See 31 U.S.C. §3713(b) and IRS Manual 5.17.13.8 (10-16-2007).

In certain circumstances a court may stray from the terms of a trust when it is in the best interest of an interested party. In the recent case of Rene v. Sykes Kennedy the Court dealt with a case where a woman was trustee of a revocable trust and she was declared incompetent due to senility. The woman’sguardian, her sister, sought to become trustee but the granddaughter protested as under the terms of the trust she became trustee.

Florida is an international city and many of us have property all over the world. How does an estate being administered in a foreign country affect your rights here? The simple answer is that you may lack an adequate remedy at law against executors and personal representatives of estates that are outside of the state of Florida. This becomes especially troublesome in cases where the will was probated outside the United States.

I was reading an article in the New York Times about the Godfather of Soul James Brown and the estate dispute that has been broiling for almost nine years now. Whats interesting about the Brown Estate is how ordered it was, and yet how disputes still embroiled. There is a lot that can be taken away from this and many lessons to be learned for those planning an estate in Florida. Here are just some observations from a Palm Beach Probate litigator.

The Measles outbreak is in the news non-stop, with the rates of people affected climbing everyday. As a probate attorney this recent hysteria reminds of something: estate planning. Does estate planning really have anything to do with vaccines? Here is some food for thought:

John was a loving son who spent years taking care of his Father, and his sprawling South Florida home. Upon his Father’s death John learns that he will not be inheriting what he expected. In fact all of his Father’s estate will instead be given to John’s sister who never even spoke to their Father. John thinks that the lawyer who drafted his Father’s will interfered with his inheritance. Now what? In Florida this is called a case of tortious interference with expectancy or sometimes tortious interference with estate planning, here is what you need to know. 

In Florida when someone dies a Personal Representative is named (in other states this is called an Executor) and that person is responsible for the bulk of the administration responsibilities. The Probate Courts will also establish an Estate, which holds that person’s real estate and personal property until the proper beneficiary can be determined under the law of the State. What’s important to remember as a potential beneficiary is that you have a right to sue if your interests are not maintained. Specifically, the Personal Representative owes a fiduciary duty to both the heirs and creditors of the estate.

There are numerous ways to contest a will. Contesting a will is a legal challenge that seeks to void the document. One reason a Florida Probate Court will invalidate a will is under the guise that it is  a product of an “insane delusion.” This can be viewed in a similar light to the defense of temporary insanity in criminal cases. 

Making a last will and testament is a wise decision that can save money, time and heartache. But putting your entire life’s assets into a simple document can seem daunting, if not impossible. What is important to remember is some things do not belong in your will.