If a person unlawfully kills someone, intentionally kills someone, or merely participates in procuring the death of someone, that person is NOT entitled to any benefits under the Florida will or trust of the victim. To find out more information about this, read Florida Statute 732.802. This statute is known to West Palm Beach probate lawyers as Florida’s Slayer Statute.
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.
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
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.
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.
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.
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.
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 […]
Rosenwater v. Deutsche Bank National Trust Company, a May 21,2017 Fourth DCA opinion, explains that the trial judge in this particular matter should have disqualified himself from a hearing. Although this is not a probate case, Probate lawyers or litigants could find themselves in the same situation if they do not take court orders seriously.
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.