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Florida Inheritance Rights for Same Sex Couples & Gay Marriages

Uncategorized Oct 15, 2013

Do same sex couples have inheritance rights in Florida?   Can a Florida estate be administered by Florida probate lawyers for a surviving spouse who was married to a same sex spouse?  Florida probate law provides married couples and surviving spouses with many inheritance rights and preferences.  Florida probate lawyers know this.  Being a surviving spouse in Florida has value and importance. 

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Are You An “Heir” In Florida?: Adoption and Termination of Parental Rights

Uncategorized Oct 15, 2013

In Florida, many probate lawyers know that a petition of administration filed to “open” an estate typically lists the surviving heirs of the deceased Florida resident.  Who is the surviving spouse and children?   Florida, like most states, has an intestacy statute which instructs all of us how a deceased Florida resident’s property shall pass when that person dies without a Florida will.  If you adopt a person in Florida, that adopted person typically then becomes an “heir” and is no longer an heir of that person’s original, or biological, parents. 

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Litigating Appeals In Florida: Personal Jurisidction and Subject Matter Jurisdiction

Uncategorized Oct 15, 2013

Florida probate lawyers, indeed those Florida lawyers who handle litigation of wills, trusts, estates and inheritances often find themselves in the civil division of our Florida judicial districts in Miami Dade County, Broward County and Palm Beach County, Florida.  The probate division of our Florida courts typically handle administration and litigation of Florida estates and trusts. 

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Find a Probate Lawyer in Palm Beach, Florida

Uncategorized Oct 14, 2013

Looking for a probate lawyer in Palm Beach County, Florida? Need a Palm Beach lawyer who can advise you on your inheritance, a will, a Florida trust or a Florida estate?  The good news is that there are many probate lawyers in Palm Beach County, Florida who are knowledgeable and competent. 

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Florida’s Duty of Loyalty For Trustees, Personal Representives in Florida Trusts & Estates

Uncategorized Oct 13, 2013

In Florida, trust attorneys, estate administration attorneys, and attorneys who are involved with wills, trusts and estates know that a fiduciary owes a duty of loyalty to those they serve.   A  Florida trustee, a Florida personal representative, even one who is the attorney-in-fact, or “power of attorney” under a Florida power of attorney document, owes a duty of loyalty to those they serve.  For  Florida trustees, the duty is owed to beneficiaries. 

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Florida Courts Assess Money Damages Against a Guardian: a look at “surcharge”

Uncategorized Oct 13, 2013

What do you do if a Florida guardian is acting improperly?   Florida places strict duties and great obligations upon a fiduciary such as a Florida trustee, a Florida personal representative or executor…..including Florida guardians.  If a Florida guardian is acting improperly, he or she may be fined by court.  Put another way, a court has an inherent right to sanction bad conduct, or to assess money damages against a Florida guardian or a Florida trustee or Florida personal representative. 

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Attorneys Fees in Florida Probate, Estates & Trusts

Uncategorized Oct 13, 2013

In Florida, probate administration lawyers know that attorneys fees (Florida lawyers fees) are regulated by Florida statute and Florida rules and caselaw.  An attorney for a Florida trust or a Florida estate, and an attorney for the personal representative of a Florida estate, may be compensated from the Florida trust or the Florida estate, but it must be reasonable.  Florida attorneys’ conduct, including what they charge, is regulated by the Florida Bar, and enunciated in caselaw, after the law is set forth in the Florida Probate Code and the Florida Trust Code. 

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Beginning Florida Probate Administration

Uncategorized Oct 13, 2013

Do you need to “open” a Florida probate?  How does one begin the probate administration process in Florida?   How do you “open” a Florida probate?  How does one administer a Florida estate and deal with a Florida will? The good news is that opening a Florida probate in Palm Beach County, Broward County or Miami- Dade County, Florida is not terribly difficult but there are some traps for the unwary.  The person in possession of a deceased person’s will is referred to under Florida law, and to by Florida probate attorneys, as the “custodian.”  The custodian should file the will of the deceased Florida resident with the clerk of the court for the Florida county where the decedent resided.  

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Prenuptial Agreements and Estates: why Florida makes the surviving spouse a “creditor”

Uncategorized Oct 13, 2013

What do you do when someone who signed a prenupt dies?  Florida probate and estate and trust attorneys are very familiar with prenuptial agreements, postnuptial agreements and cohabitation agreements.  Florida divorce attorneys are also familiar with marital settlement agreements, which divide property and assign rights upon a divorce.  Lawyers in Palm Beach Couty, and Broward County and Miami-Dade County for that matter, prepare marital agreements often. They draft them in part because there are so many second and third marriages in Florida.  But enforcing them is another issue. 

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How Do I Hire A Florida Probate Attorney?

Uncategorized Oct 13, 2013

Need a Florida probate lawyer to protect your rights to a Florida inheritance, or a Florida probate or a Florida estate or trust?  The good news is that there many knowledgeable, competent attorneys in Florida who advise clients on their rights regarding Florida probate, estates and trusts.

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