This is an Illinois trust and estate case of a probate litigation attorney being held in contempt by the court over estate planning documents. Why?: the lawyer refused to produce estate planning documents held by his client, an accounting firm. Before you think this is really bad, consider that Florida’s Evidence Code, which Palm Beach estate litigators use every day, has exclusionary rules of Florida evidence.
Wow. A major decision from the Iowa Supreme Court issued on March 28, 2014 about estate administration malpractice. The personal representative of an estate sued the probate lawyer who was hired by the personal representative. Her complaint with the estate lawyer: the estate lawyer did not adequately advise the estate’s personal representative about the executor’s PERSONAL interests in and to the estate.
If you are the trustee of a Palm Beach trust, you are in charge of administering the trust according to the valid trust document and the Florida Trust Code. Remember: a Palm Beach Trust is NOT a Palm Beach Probate ! Oh yes, you also need to invest the trust assets. Prudently. If you have not hired a professional Co Trustee such as a Palm Beach trust company or bank, and if you have not delegated all “investment functions” to an “investment agent” under the Florida Trust Code, here are a few tips for IPOs and investing under the Florida Prudent Investor Act.
If you are the trustee of a Palm Beach trust, you are in charge of administering the trust according to the valid trust document and the Florida Trust Code. Remember: a Palm Beach Trust is NOT a Palm Beach Probate ! Oh yes, you also need to invest the trust assets. Prudently. If you have not hired a professional Co Trustee such as a Palm Beach trust company or bank, and if you have not delegated all “investment functions” to an “investment agent” under the Florida Trust Code, here are a few tips for IPOs and investing under the Florida Prudent Investor Act.
Sex, lies and videotape in this Michigan probate litigation case decided a few days ago? Not really: there is sex between a wealthy man and his former lover and employee. No videotapes that I read about. Lots of $$$: a $200,000 check, a Comerica brokerage account, checking accounts…..But there are allegations and findings of fraud by the former girlfriend and concealing of assets, which smacks of lies.
In Palm Beach, there are many second marriages with step children and second and third spouses. And there are also many guardianship actions in the Palm Beach Probate Court. This Minnesota case, whose legal opinion was issued by the appeals court just days ago, is the intersection of 1) guardianship law 2) estate law & the inheritance rights of a widow or surviving spouse (specifically an elective share) and 3) estate litigation where the step children are opposing an incompetent widow’s right to seek an estate inheritance or elective share.
Are reverse mortgages a good part of Florida estate plans or merely a credit card disguised as a valuable asset ? As reverse mortgages increase in popularity, heirs and adult children are finding less of an inheritance and less value in their parent’s Florida real estate. Are parents spending your inheritance ? How dare they.
Are you a beneficiary of a Palm Beach trust and want to sue your Florida trustee for investment losses? Hold on a minute. Before you point to trust accountings or monthly financial statements which show stock losses from investments made by the Palm Beach trustee , understand the Florida Trust Code. There may be more there than simply a decline in the value of the trust’s stocks. If you are trust beneficiary and are concerned about investment losses in your Florida Trust, consider the Florida Trust Code Seciton 736.1003 before you get too involved or spend too much $$$ on a Palm Beach Trust litigator. Here’s why a bear market, or a loss in stocks in your trust may not mean what you think it means.
Elder abuse in Palm Beach and throughout Florida is a huge concern for family members, loyal attorneys who serve their clients, and law enforcement. Sadly, financial abuse is not limited to the Sunshine State. Here is a Washington case involving allegations of elder exploitation by a caretaker. If you are a family member of a loved one who has become more vulnerable as they have aged, you may want to read this.
You’ve read a lot about Palm Beach probates and Florida trusts involved adult children from the second marriage and the latest husband or wife who engage in Palm Beach probate litigation. This is a “sister” California case about a mother in law versus a son in law over a Last Will which is claimed to be a forgery. Remember: forgery is a serious allegation to make. In Palm Beach probate litigation, an actual forgery is rare.