1-561-514-0900 FREE CONSULTATION

What Do I Do if I Discover a Later Florida Will?

Uncategorized Apr 15, 2019
post about What Do I Do if I Discover a Later Florida Will?

Estate litigators know that the most recent valid will of a decedent is the will that is used in the probate process in Florida. What if two wills are discovered during the probate process and then AFTER the estate has been completely administered, a third will is found? Can a beneficiary still offer the third will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should Florida lawyers know about discovering later wills? You may want to read Florida Statute 733.208.

READ MORE

Florida Family and Probate Law: How Do You Appeal an Injunction

Uncategorized Apr 14, 2019
post about Florida Family and Probate Law: How Do You Appeal an Injunction

What is an injunction? Trust and estates attorneys know that you have to prove four things to get a valid injunction in Florida. What are those four things? What should your Florida probate lawyer or family lawyer know about injunctions? What must a party seeking a temporary injunction establish? If your civil litigation case involves a temporary injunction, you may want to read a November 14, 2018 Fourth DCA opinion, Olson v. Olson. Olson v. Olson  This was an appeal regarding a temporary injunction that prevented the former husband from being able to access his assets. These assets included an impending inheritance. Did the former wife provide the necessary evidence required to show that a temporary injunction should be granted? Should the temporary injunction be reversed by the appellate court? What did the 4th DCA say? Click here to read the entire case and find out!  If you are in need of an experienced Florida litigator, call (561)514-0900 Ext.101 for a free consultation.

READ MORE

Temporary Injunctions and Florida Inheritances

Uncategorized Apr 14, 2019
post about Temporary Injunctions and Florida Inheritances

A November 14, 2018  Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of  important rules regarding temporary injunctions in Florida litigation.

READ MORE

Orlando Guardianships & the Right to Marry

Uncategorized Apr 14, 2019

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

READ MORE

Attorneys Fees, Interested Persons, and Guardianship Litigation

Uncategorized Apr 11, 2019
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.

READ MORE

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?

READ MORE

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.

READ MORE

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?

READ MORE