In Florida, who can write a will? Who can have a trust drafted? Do you have to be over a certain age to create an estate plan? What is being of a “sound mind”? What is Florida Statute 732.501? How can you contest a will in Florida? How can a West Palm Beach probate lawyer help you to prove that a will is invalid? Who Can Write a Valid Will in Florida? Florida Statute 732.501 states that any person who is of a sound mind and who is 18 years or older may execute a Florida will. Florida estate lawyers and West Palm Beach trust attorneys know that a person needs to have testamentary capacity when they execute a will. Otherwise, their Florida will may end up being contested by the beneficiaries. What is being of a “sound mind”? What is testamentary capacity?  There are four main components to show testamentary capacity (sometimes called “sufficient mental capacity”) in Florida: understanding that he or she is creating a distribution of his or her property after death, knowing the nature and extent of his or her property, knowing the named heirs and members of his or her family understanding in a reasonable manner the general nature and effect of the act of signing the will. What are the Formalities Required for a Valid Will in Florida? Florida Statute 732.502 describes what formalities must be met for a will to be valid in Florida. A valid Florida will must 1) be in writing 2) be signed by the testator or another […]

What is venue? What does venue have to do with a Florida trust lawsuit or Palm Beach will contest? If you are involved in a probate lawsuit, where do you sue the personal representative or trustee? How do you know if you sued the trustee in a proper venue? Can you transfer a trust dispute from one Florida county to another? What should your probate lawyer know about venue and trust litigation? What is Venue? Venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the particular county. For example, some cases can be brought in Palm Beach County, while others can be brought in Broward County. Where Can a Florida Action Be Brought? Florida Statute 47.011 provides that “ actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” Therefore, in a trust lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee resides, where the trustee’s principal place of business is, where the Florida trust is being administered, etc. You should not assume that where the estate money is located is automatically a proper venue. For example, the estate money being located at a bank in Miami-Dade County, doesn’t guarantee that Miami-Dade County is a proper venue in which to […]

You only have a limited time for contesting a Florida will. Blow the deadline and it’s over. MOST of the time ! If you want to object to probate or are involved in a will contest, read on. If you are considering hiring an experienced probate litigation law firm on a contingency fee, you can read more by clicking HERE. Will Contests in Florida — what is it? A will contest is an objection raised against the validity of a will. If you believe that a will is invalid, you can hire a Florida estate litigator to contest the will on your behalf. Will contest lawsuits take place in probate courts in front of a probate judge. In order to determine whether you have a strong will contest case, you should consult with an experienced probate litigation lawyer. One question she will ask you is : why do you believe the will is not valid? Or, put another way. What is the legal or factual basis to object and overturn the will ? If the will-signer was not of SOUND MIND, the will is not valid. Same is true if the will was caused by fraud or duress. Hiring a Litigator for Contesting the Florida Will A will contest is a trial! Would you hire a foot doctor to do brain surgery? No! So, is your lawyer comfortable calling witnesses, raising objections and discussing evidence in the courtroom? Will he or she even take your case to trial? Or do […]

How does dementia affect probate litigation? How does dementia affect a revocable trust?  Why is it so important to meet with your Florida estate planning attorney to draft a will or trust? How can a Florida estate plan help you to avoid a guardianship? How can a solid estate plan help you if you suffer from dementia or Alzheimer’s? Why should I create an estate plan in Florida? What do probate litigators and guardianship lawyers need to know about dementia? How can dementia affect an estate?

What is a pretermitted spouse? What should trust and estates attorneys in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.

What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

In Florida, if you die without a will, you are dying intestate. This means that your wealth will pass to your heirs. Who are heirs? If you have a spouse and children, they will probably inherit. However, sometimes the people who Florida Law considers to be heirs are not the people you want to inherit from you. According to a February 8,2017 New York Times article, only 42% of American adults have a will.  However, Florida probate lawyers know that getting a will drafted by an estate planning lawyer can be a simple and affordable process.

Are there different types of guardianships in Florida? What are they? What should my probate litigator know about the different types? What is a limited guardianship? What is a plenary guardianship?

West Palm Beach probate litigators frequently encounter inheritance cases where the beneficiaries of a Florida estate sue the personal representative of the estate. Usually, these inheritance lawsuits are even between family members. What are these disputes over? What types of issues do trust and estates lawyers frequently encounter? When do you need to hire a Florida probate lawyer? What do you do if a personal representative or executor is being bad? What rights do you have as a beneficiary? Is there an estate issue worth suing over in your Florida probate matter? A January 9,2019 Fourth DCA opinion is a good example of a lawsuit between a Florida personal representative and the beneficiaries.

What is an intestate estate? Did your mom or dad die without a will? Is the will that your husband wrote valid according to Florida law? What happens if someone’s will was not properly executed? What does it mean to contest a will? Did your spouse forget to sign his Florida will before he passed away? How can you contest a will in West Palm Beach? When should you contact a Florida inheritance lawyer to determine whether you have a strong will contest case? What is an Intestate Estate? West Palm Beach probate lawyers know that a person dies intestate when they die without a Florida will. In addition, a person could die intestate if they executed a will that is invalid or had a will that they revoked without executing a new will. Florida Statute 732.101 states the following:  (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property. Who Inherits If a Person Dies Intestate in Florida? If a person dies intestate, or without a valid Florida will, his or her heirs will inherit. In other words, heirs at law are entitled to inherit the decedent’s property under Florida’s intestacy statutes. Heirs may include children, spouses, siblings, and parents, depending on a number of factors. If your spouse or parent dies without […]