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West Palm Beach Tortious Interference with Inheritance

Uncategorized Dec 31, 2014
post about West Palm Beach Tortious Interference with Inheritance

Where traditional will contest remedies would fail to provide complete relief to litigants, an increasing number of state courts (Florida) throughout the United States have recognized claims for tortious interference with aninheritance or an expectancy. The probate system (Broward) was created to protect a decedent’s will and wishes by imposing very strict requirements on a will contest. Recognition of the tortious interference of inheritances (Florida) helps to enable Plaintiffs andBeneficiaries to uphold a decedent’s true intent by bypassing these stringent probate requirements. A California court has stated in a recent opinion: “If we were to permit, much less encourage, dual litigation tracks for disgruntled heirs, we would risk destabilizing the law of probate and creating uncertainty and inconsistency in its place. We would risk undermining the legislative intent inherent in creating the Probate Code as the preferable, if not exclusive, remedy for disputes over testamentary documents. (Citations omitted.) These are very valid concerns that warrant this court’s attention.” Beckwith v. Dahl, 205 Cal.App.4th 1039 (2012). Tortious Interference with an Inheritance or Expectancy was first recognized in Florida in 1966. See Allen v. Leybourne, 190 So.2d 825 (Fla. 3d DCA 1966). The tort of interference with an inheritance (West Palm Beach) authorizes the injuredbeneficiary to bring a claim to recover damages. The tort is recognized to advance a public policy for the protection of the decendent’s interest in freely gifting his or her property. Find out more on Tortious Interference with an Inheritance in Florida. See http://www.pankauskilawfirm.com/ for videos and information […]

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Florida guardians for Family? Can you trust Palm Beach Guardians? (How to make sure family members are in good hands…)

Uncategorized Dec 30, 2014
post about Florida guardians for Family? Can you trust Palm Beach Guardians? (How to make sure family members are in good hands…)

In the unfortunate instances when Florida elders become mentally ill and incapacitated, they often need legal guardians. Florida Guardianship Law grants guardians a lot of power to act for the persons whom they are there to protect (called a “ward”). West Palm Beach guardianship attorneys know that, because of this vast amount of power, it is best if the guardian is someone with the ward’s best interests at heart. Often this can mean appointing a family member or close family friend as a guardian. However, due to many different factors, this is not always possible. In this instance, a court may appoint what is known as a “professional guardian“, sometimes called a “court-appointed guardian.” How can you trust the Palm Beach Guardian? Sadly, West Palm Beach Probate and Guardianship attorneys understand that sometimes people in a position of trust violate that trust.  No one wants Florida guardians taking advantage of and exploiting their “wards.” The most recent case we’ve seen of this behavior in Guardianship was inColumbus, Ohio. In this case, a court-appointed professional guardian has been accused, by at least two families, of stealing from and exploiting the elderly person he was appointed to protect. The wards in this case were people with dementia, the elderly, and thementally ill. You can read the story here:http://www.dispatch.com/content/stories/local/2014/12/28/wards-of-indicted-guardian-are-missing-items-relatives-say.html Florida Probate & Guardianship Laws to Protect Family Members Fortunately the victims in this case had family members who were able tostop the alleged crimes. Sometimes it is impossible to be the guardian of your mom, […]

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Florida Appeals & Summary Judgment: does a motion for rehearing on a summary judgment order stop the time to file an appeal? (Florida 3rd District explains big exception rule)

Uncategorized Dec 26, 2014
post about Florida Appeals & Summary Judgment: does a motion for rehearing on a summary judgment order stop the time to file an appeal? (Florida 3rd District explains big exception rule)

Are you involved with probate litigation or an estate trial Palm Beach?  Well, if you are, and a summary judgment was granted, you may want to read, or re-read, Florida’s 3rd District Court of Appeal’s opinion on when you can file a notice of appeal.  Or, …..when does a motion for rehearing suspend, stop or toll the time to file a notice of appeal.  While this is not a probate litigation case, probate litigators West Palm Beach know why this is important.

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