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Florida Intestate Estates and Family Rivalries: Does Having a Florida Will Help?

Uncategorized Apr 24, 2019
post about Florida Intestate Estates and Family Rivalries: Does Having a Florida Will Help?

Probate litigators frequently encounter battles between a decedent’s children and the decedent’s second or third spouse. These battles can get every heated when there is no will involved, especially if there is a question as to whether or not the surviving spouse was legally married to the decedent at the time of his or her death. This is exactly what happened in Cohen v. Shusan, a Second DCA opinion.

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Florida Trust Litigation and Qualified Beneficiaries

Uncategorized Apr 23, 2019

A January 9,2019 Fourth DCA opinion discusses what is required for a charity to be considered a qualified beneficiary of a Florida trust. Why is being a “qualified beneficiary” important? It is important because trustees of West Palm Beach or Orlando trusts are only required to “inform and account” to the trust’s qualified beneficiaries. 

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Can a Charity be a Qualified Beneficiary of a Florida Trust?

Uncategorized Apr 23, 2019
post about Can a Charity be a Qualified Beneficiary of a Florida Trust?

Who can be a beneficiary of an Orlando or Boca Raton trust? Can a charity be a qualified beneficiary of a trust in Florida? What is Florida Statute 736.0110 ? If you are deemed to be a qualified beneficiary of a trust, what rights do you have? What are beneficiaries of trusts in Florida entitled to? A recent Fourth DCA opinion, Hadassah v. Melcer, discusses this issue. 

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How Can a Florida Estate Attorney Get a Lost Will Admitted to Probate Court?

Uncategorized Apr 23, 2019
post about How Can a Florida Estate Attorney Get a Lost Will Admitted to Probate Court?

Florida probate lawyers know documents get lost, that includes occasionally a Last Will and Testament. What can you do when your Florida will is lost? Can you get a lost will admitted to probate? Florida estate attorneys know how to get the will admitted with limited Florida probate litigation. Want to learn more? Check out this recent appeal from the Courts of New York that deal with a lost will being admitted to probate.

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Does a Florida Will Need to be in Writing?

Uncategorized Apr 22, 2019
post about Does a Florida Will Need to be in Writing?

Does a Florida will need to be in writing? Yes! Does the Palm Beach probate court recognize oral wills? No! What if I recorded what I want to happen to my Boca Raton estate on my iPhone? Is this a valid will? No!  What if your elderly mother tells you what she wants done with her estate? Completely oral wills are called “nuncupative” wills. They are also sometimes called oral wills. These are not valid in Florida! Florida Statute 732.502 states that every Florida will must be in writing. In addition, there are other requirements that must be met to properly execute a Florida will.

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Civil Theft Florida — + 3x Damages

In the News Apr 22, 2019
post about Civil Theft Florida — + 3x Damages

Is someone you know the victim of civil theft in Florida? Have funds been embezzled from a Florida trust or bank account? Many times, heirs and family members want to know what happened to their inheritance. Understanding your rights to your inheritance is important. Here’s more information about this unique legal remedy. It is SERIOUS stuff. Do you have the stomach to handle it? Civil Theft Florida — can you handle the risk? Florida law says if you commit a crime, you can be sued civilly ! Are you ready to collect and exercise your rights? Now, the this law comes with risks + rewards Like all litigation matters, no one– I mean NO ONE– has a crystal ball Would you risk being assessed with attorneys fees if you lose? One such remedy is an action for civil theft Florida when funds have been stolen Can you use this in West Palm Beach probate court? When a trustee comingles or pilfers funds, is that civil theft? For more information, why don’t you start with the law: Florida Statutes 772.11 What about when the personal representative takes funds that she is not entitled to? Recent Case + 1 Law OK, so you want to read more about this law? This “right of recovery?” You can read this 3rd District Court of Appeal opinion in the case of Bailey v. Covington. This is an April 7, 2021 opinion. So, it’s recent and pertinent. Is your probate lawyer up on this? And the statute, or law, you already know about. Because […]

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What Happens if the Language in a Palm Beach Will is Unclear?

Uncategorized Apr 22, 2019
post about What Happens if the Language in a Palm Beach Will is Unclear?

What if the language in a Boca Raton trust is not clear? What happens if a certain provision in a trust can be interpreted to mean two different things? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates  how easy it is for people to read the same document but interpret it differently.

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Florida Probate Litigation: Do you know how to object to a probate?

Uncategorized Apr 18, 2019
post about Florida Probate Litigation: Do you know how to object to a probate?

Do you know how to file an objection to an Orlando will? Do you know how to object to a Florida 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? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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