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.

Obtaining a temporary restraining order against a trustee, or getting an injunction against a trustee is not as easy as just showing up in court and talking.  You actually need evidence and you have to often show “irreparable harm”.  In Florida courts, like many probate courts, monetary damages, investment losses, cash, money are never “irreparable harm.”  Here’s a New York case that dealt with trust beneficiaries who wanted an injunction against their trustee.  Trust loans to a money losing business?

Sibling rivalry in Palm Beach probate courts?  Yes, this happens all the time.  Even in the south.   Estate beneficiaries, adult children, are disinherited, and the entire Palm Beach estate goes to the other adult children.  Mom or dad pick favorites and disinherit some children.  A will challenge is filed in the Palm Beach probate.  If you are a sibling who is involved in a Palm Beach will challenge, or if one of brothers or sisters is filing a Palm Beach will challenge because they were dis-inherited, you may want to read this Georgia Supreme Court case.  It deals with a probate lawsuit where two adult children were dis-inherited from their mom’s estate: all they got was a dollar.

This is a tale of a Mississippi musician who could not read or write, and the will which left everything to his girlfriend.  Undue influence ? By whom?  A business partner or mentor?  What would they say in Palm Beach Probate?

If you are involved in a will contest in Palm Beach or Ft. Lauderdale, you may want to read this very recent probate case from Kansas.  It involves some of the issues which Palm Beach probate litigators face here when there is a challenge to the Florida will.  If you are defending a will contest, or are suing for tortuous interference with your inheritance or undue influence, this recent case will give you an idea of what the court was considering.

If you are a family member who is involved in a disputed guardianship in Palm Beach, or are seeking to be the guardian of your mom or dad, or other loved one, you may want to read this  recent Florida guardianship case.   It deals with what can happen when the Florida Probate Court receives inconsistent opinions about whether someone has capacity or not, and whether or not that person needs a Florida guardian.