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HOW DO I CHALLENGE A WILL?

Uncategorized Jan 17, 2014

Thinking about #contesting a last will? Were you #cut out of a will? #Disinherited? You may, or may not, be able to exercise #beneficiary rights and seek an #inheritance from someone’s #probate estate or #revocable trust.

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WHERE’S MY #INHERITANCE? — #ESTATE LAWSUIT PITS STEPCHILDREN AGAINST DAD’S THIRD WIFE– WHO TOOK MY DAD’S MONEY?

Uncategorized Jan 17, 2014

WEALTHY DEVELOPER DIES AT 81, WITH 3RD WIFE AND # PROBATE LAWSUIT This is a very recent #probate litigation case from California, decided literally days ago.    This #estate lawsuit is about adult children who wanted an #inheritance, wondering where millions of dollars went between 2005 and 2009 — when dad married his third wife until he died.

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GUARDIAN ACTING BADLY: GUARDIAN “LOANS” MONEY TO FRIENDS, FAILS TO ACCOUNT – lawyers delay in recent guardian case

Uncategorized Jan 15, 2014

WHY PEOPLE HATE LAWYERS? Why do people hate lawyers? Lawyers are sometimes accused of stalling, and getting continuances in court all the time. #GUARDIANSHIP GONE WRONG This recent case is a sad, and shocking, case involving a court-appointed #guardian who # mis-used guardianship funds. #GUARDIAN’S DUTIES A guardian is appointed to look out for, and protect, the best interests of somebody who cannot protect themselves.  In Florida, we have an entire chapter of the #Florida probate code devoted to #guardianship law. Minors need #Florida guardians to look out for their property interests #incompetent persons, and those who are #incapacitated, who suffer from progressive #dementia, need #Florida guardians to protect their person and their property This is a good case which reminds us of the #fiduciary duties which a #guardian owes to the person he or she is serving: A #guardian is a #fiduciary with #fiduciary obligations a #guardian must act in the #best interests of the person you have agreed to serve a #guardian must look out for and protect that person DON’T MIS-SPEND MONEY !   a #guardian must spend that person’s money only for the benefit of that person they are protecting DON’T MISUSE MONEY !   a guardian may not #misuse guardianship money or #misspend guardianship money a guardian must provide a #guardianship accounting a guardian must avoid #conflicts of interest and #self-dealing IMPROPER GUARDIANSHIP “LOANS” AND FAILURE TO ACCOUNT In this recent case, the #guardian failed to provide accountings from 2008. The Guardian was ordered to provide an […]

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