If you are a surviving spouse or a widow, you may have guaranteed inheritance rights if your husband or wife has a retirement account? Why?  Read on if you are interested in inheritance rights and rights to a non probate asset like a retirement account.

In Florida, there is, sadly,  a lot of financial exploitation, but we typically think of financial exploitation as one form offinancial abuse against the elderly.  As we age and become more reliant on others, and as our abilities to consider, examine, think, analyze, ask questions, and focus, deteriorate or decrease, we can become a target: financial prey.  If we are stricken with dementia, anddementia is progressing un-checked, or the dementia is not stalled or slowed, bad people can exploit us financially by taking our bank accounts, trust funds and getting us to sign powers of attorney or trust amendments.  Cases of undue influence are common in such scenarios, and can lead to a lot of probate litigation and probate lawsuits by heirs at law and family members or next of kin.

In a sad and tragic probate case, a probate beneficiary under a will and the late victim’s, or decedent’s, husband,split the $1 Million estate.  Police are treating the death of the 41 year old woman, now, as ahomocide, with no “slayer statute” issues .  Media outlets report the police are focussing on one person as a suspect, other than the boyfriend or the husband.   The boyfriend of the victim was the named beneficiary under the victim’s will  —  not the woman’s husband. 

Is DOMA dead ? Same sex marriage is winning case after case in the federal courts, granting a right to marry to gay couples across the US.  Why isn’t anyone talking about the “guaranteed” inheritance whichsame sex couples get by marrying?  While everyone is focussing on the death of the Defense of Marriage Act and the right of same sex couples to marry, consider the inheritance rights to retirement accounts of a new spouse.   Here are 5 things which you may want to know about same sex marriage and retirement accounts.  It could be worth millions.

A lot of beneficiaries or heirs at law or next of kin in Florida probates want to when they will receive their inheritance.  And the personal representatives Palm Beach of Florida estates also want to distribute inheritances and close the estate.  What about unclaimed property in Florida? A recent Florida appeals court case issued August 5, 2014 is the most recent case in memory aboutunclaimed Florida property.

Beneficiaries and heirs under the Florida Probate Code who are involved in probate litigation Palm Beach know that their deposition may be taken.  Before your estate case goes to trial, in the probate court, theFlorida discovery process occurs, which includes the learning of facts and the gathering of evidence.  A recent Florida appeals court opinion addresses the unique question of whether one can use the videotaped deposition of a party in closing argument at trial.

Anyone involved in estate litigation in Palm Beach or throughout Florida knows that discovery is often very important in will contests Florida.  A recent, December 3, 2014, ruling from Florida’s 1st District Court of Appeal speaks to a discovery appeal issue which is constant and repetitive.  You must prove irreparable harm to often win at the Florida appeals court level when you are talking about certiorari review of a Florida discovery order.

Elder abuse, financial exploitation, and exploitation of the elderly are serious matters in Palm Beach County Florida.  Probate courts and criminal laws provide serious financial and other penalties too bad persons who prey on the elderly and their money in Palm Beach.  How do you know if your parent is being taken advantage of?  How you know if your mom or dad is being financially exploited?  Here are five warning signs or red flags to look for if you suspect financial exploitation in Palm Beach.  

Are you the beneficiary of a Palm Beach trust? I can’t tell you how many calls I get at our West Palm Beach probate litigation law firm.  (We have added new and updated material on removing a Florida trustee.)  Trust beneficiaries are upset with their trustee. “I want to remove my trustee!” they complain. Here are five things a trust beneficiary needs to know now about trying to remove a trustee of a Palm Beach trust.

It seems that every now and then, after someone involved in probate litigation Palm Beach wants to set aside a judgment. Do you know how to set aside a final judgment after a Florida estate lawsuit?  A December 10, 2014 Palm Beach appeals case, NOT, a probate litigation case, gives an explanation of seeking relief from a final judgment under Florida Rule of Civil Procedure 1.530(a).