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If a beneficiary knows about a summary administration, but is not given formal notice, are they barred from raising claims in collateral litigation?

Uncategorized Dec 4, 2018
post about If a beneficiary knows about a summary administration, but is not given formal notice, are they barred from raising claims in collateral litigation?

Is a beneficiary of a Palm Beach estate entitled to formal notice of a petition for summary administration? If a beneficiary is not given formal notice of a summary administration proceeding, can they raise claims in collateral litigation? What do West Palm Beach trust and estates lawyers need to know about formal notice? What should my probate lawyer know about summary administrations? What if the record does not clearly indicate whether or not formal notice was executed? To learn more about summary administrations and formal notice, you should read a November 15, 2017 Fourth DCA opinion, Wolf v. Doll.

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You Can Lose a Florida Appeal by Simply Failing to Provide an Adequate Record

Uncategorized Dec 4, 2018
post about You Can Lose a Florida Appeal by Simply Failing to Provide an Adequate Record

Should you have a court reporter present at your probate hearings? How can transcripts help me to win an appeal? What to appeal a trial court’s order but do not have transcripts of the trial court proceedings? Can I file a statement of evidence in lieu of a transcript? If you are involved in family, probate,or guardianship litigation in Florida , you may want to read a June 14,2017 Fourth DCA opinion, Hart v. Streitz.

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Florida Estate Lawsuits and Production of Documents

Uncategorized Dec 4, 2018
post about Florida Estate Lawsuits and Production of Documents

In your Palm Beach inheritance lawsuit, are you seeing the documents you need to make your case? If you are in the middle of an inheritance dispute, are you getting to see the documents necessary to successfully argue your case? Have you seen important bank statements, bank records, medical reports, financial statements, and POA’s? Ask your probate litigation attorney if he or she is filing a request for production of documents to the other side or any party. While the Florida Probate Rules do apply, the Florida Rules of Civil Procedure are very important here. There’s a very specific rule, 1.350 of Florida’s Rules of Civil Procedure, about requesting and producing documents. You should know what your rights are, and how to get documents through the discovery phase of your inheritance lawsuit. Ask your probate attorney for more information or read the rule in its entirety below.

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Florida’s Slayer Statute: How Does it Affect Inheritance?

Uncategorized Dec 3, 2018
post about Florida’s Slayer Statute: How Does it Affect Inheritance?

What is a “slayer statute”? What does Florida’s slayer statute say? When does the slayer statute apply? What should West Palm Beach probate litigators know about the slayer statute? How can the slayer statute affect someone’s inheritance? If you murder someone, can you still inherit from him or her in Florida? Does your Orlando probate matter involve Florida’s slayer statute? If you are involved in a probate matter where the decedent was murdered, you should definitely read and understand Florida’s slayer statute. A West Palm Beach inheritance lawyer can help you to understand this statute if you need assistance. To interview a West Palm Beach probate attorney, free of charge, call (561) 514-0900 Ext.101.

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Florida Guardianships & Court Appointed Attorneys

Uncategorized Dec 3, 2018

Who may be subject to a guardianship in Florida? What do I do if a family member files for guardianship of me? What happens if I am deemed incapacitated by a West Palm Beach guardianship court? When should I hire a Florida guardianship lawyer? What if I don’t like the court appointed attorney? As an alleged incapacitated person, can I hire my own lawyer? What is Florida Statute 744.331?

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

Uncategorized Dec 3, 2018
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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Attorneys Fees, Interested Persons, and Guardianship Litigation

Uncategorized Nov 30, 2018
post about Attorneys Fees, Interested Persons, and Guardianship Litigation

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

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If I am Appointed as the Executor or Personal Representative of a Florida Will, When do I Have to Begin Work?

Uncategorized Nov 30, 2018

If I am appointed as the executor or personal representative of a Florida will, when do I have to begin work? What if I don’t want to be the personal representative of a Palm Beach estate? Do I have a duty, as nominated personal representative of a Florida estate, to prevent harm caused by the estate? Am I the official personal representative if I have not yet been appointed by a Florida probate court? A February 21, 2017 First District Court of Appeal opinion discusses this issue and a Milton, Florida estate.

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