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What Rights do Beneficiaries of a Florida Trust Have?

Uncategorized Apr 11, 2019
post about What Rights do Beneficiaries of a Florida Trust Have?

Do beneficiaries of a Florida trust have a lot of rights? What are beneficiaries of a Palm Beach trust entitled to? Can beneficiaries compel a trustee of a Florida trust to give them information? What can a beneficiary do to make sure that the trustee is acting properly? Can a beneficiary remove a trustee?

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Can my husband or wife leave me nothing in his or her Orlando Will?

Uncategorized Apr 11, 2019
post about Can my husband or wife leave me nothing in his or her Orlando Will?

What is the elective share? Florida probate lawyers know it is not as easy as it sounds to disinherit a spouse. You can disinherit a child relatively easily, just leave everything to everyone else. Estate attorneys in Florida know about the elective share statute. Do you know what it does. No matter what a spouse is left in Florida, they can elect to take the elective share. How much is it? The elective share under current Florida statute is set at 30% of the elective estate. Is that the same thing as the probate estate? Not necessarily. Estate attorneys in Florida and especially Florida will contest lawyers can tell you, it can be very easy to limit the probate estate. Simply putting everything in revocable trusts could do the trick. The elective share is not so easy to escape. Why? Because the elective estate also contains those types of property that may otherwise not be contained there. Want to learn more? You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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Does Florida Recognize Common Law Marriage?

Uncategorized Apr 11, 2019
post about Does Florida Recognize Common Law Marriage?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?

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Florida Statute 733.212: Objecting to a Florida Probate

Uncategorized Apr 3, 2019
post about Florida Statute 733.212: Objecting to a Florida Probate

Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration?

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Sibling Rivalry in Trust and Estates Lawsuits

Uncategorized Apr 3, 2019
post about Sibling Rivalry in Trust and Estates Lawsuits

Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. 

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Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Uncategorized Apr 3, 2019
post about Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Are you a beneficiary of a Florida trust? If so, do you believe that the trustee has acted improperly? Has the trustee of your mom’s Florida trust taken funds for his own benefit? Has the personal representative of your dad’s Palm Beach estate failed to act in the best interest of the beneficiaries?  Florida probate litigation includes trust disputes.  You may want to check out Turkish v. Brody, a recent case out of the Third District Court of Appeal, to learn more. 

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Civil Litigation, Probate Battles, and Video Surveillance

Uncategorized Apr 3, 2019
post about Civil Litigation, Probate Battles, and Video Surveillance

What does video surveillance have to do with civil litigation in Palm Beach? Why would a party in a Miami probate lawsuit want to video surveil someone? How can video surveillance help me in my Orlando probate lawsuit? What is video surveillance? When is it used in Florida civil lawsuits? Can video surveillance help me win my inheritance case? Ask your probate litigation attorney if video surveillance is appropriate for your particular probate matter. Can you use it at trial? Do you want to use it at trial? Will it substantially help your case?

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Adoption and Florida Inheritances

Uncategorized Apr 2, 2019
post about Adoption and Florida Inheritances

Does an adopted child inherit from the parents who adopted him or her? What inheritance rights do adopted children have? In Florida, can an adopted adult daughter or son be excluded from a trust that allows all children of a certain person to inherit? What should Florida probate lawyers know about adoption and inheritance rights? Does Florida inheritance law differentiate between people who are adopted  as a child vs. as an adult? A  June 19, 2013  Fourth DCA opinion, Dennis v. Kline discusses this issue. 

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