When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.
What is “formal notice” under the Florida Probate Rules? When is formal notice required? What should your probate lawyer know about formal notice? Are all beneficiaries of a Florida estate entitled to be given formal notice? You may want to read a November 15,2018 Fourth DCA opinion, Wolf v. Doll.
Do you think that someone is “messing” with your inheritance? If so, can you sue them in a West Palm Beach probate court ? Can you sue a person for tortious interference of your inheritance if they convinced your dad to write you out of his Florida will? You may have heard of tortious interference but do you know when you have a strong claim for it in Florida estate litigation?
Have you read the term “pretermitted children” in a Florida will? What is a pretermitted heir? When do pretermitted children inherit? What should Florida probate lawyers know about pretermitted children and your Florida probate matter? You may want to read Florida Statute 732.302.
Beneficiaries of a Florida trust have a right under Florida Probate and Trust law to “relevant information.” This includes accountings. Therefore, when you are the beneficiary of a Florida trust, you have a right to order an accounting of that trust. In fact, Florida trustees are required to make a trust accounting annually. In regards to a Palm Beach estate, personal representatives are required to file an inventory and then an accounting before they close the estate. As a beneficiary of a Palm Beach trust, the Florida Trust Code gives you this right. If you are the beneficiary of a Florida estate, the Florida Probate Code also gives you the right to an accounting.
In Florida probate lawsuits, when can a claim for unjust enrichment be brought? What is a claim for unjust enrichment? Are these claims common in Florida civil litigation or West Palm Beach probate law? In probate court, can a claim for unjust enrichment be based on an express contract?
Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.
Pankauski Hauser limits its practice to trust and probate litigation, and civil appeals, throughout Florida. Are you questioning whether or not a certain Florida estate is being probated? What can you do to find out what’s going on with your mom or dad’s estate? Are you unsure as to whether a decedent’s Palm Beach estate is being administered ? What if the decedent owned you money and you’re a creditor? What if you’re an interested person or family member who is supposed to receive an inheritance and no one is telling you what’s going on?
What is contempt of the court? If you ignore a probate judge’s court order, can you be held in contempt of the court? What happens if you are held in contempt of the court? Has your Florida probate attorney explained to you the role contempt orders play in enforcing the West Palm Beach probate judge’s orders?
Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question. Often, they question last minute changes to an estate plan. Florida probate fraud may also exist if a fiduciary intentionally hides information. What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud. Here is a FREE VIDEO on undue influence & probate fraud. What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]