Florida does not recognize common law marriages. However, in some circumstances, it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will?
What is stalking? How can you obtain a stalking injunction against someone? Do you need a Florida lawyer to help you obtain a stalking injunction? What do emails and stalking have to do with each other? Can email be used as evidence to prove stalking? Stalking and Florida Probate Litigation Florida probate attorneys, like those at Pankauski Lazarus, know that disputes over inheritances can become intense. Frequently, probate lawyers who handle litigation witness family members “fight” in the courts over money and property. This can lead to nasty texts and emails being sent between siblings and/or beneficiaries. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.” Sibling rivalries or family disputes can escalate, and injunctions for protection against stalking can end up being filed. Stalking in Florida According to Florida Statute 784.048(2), stalking occurs when a person “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. You may wonder what the definition of “harass” is according to the Florida Statutes. To harass means to “engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” §784.048(1)(a), Fla. Stat. Is someone stalking you in West Palm Beach or Boca Raton? Are you involved in Palm Beach litigation where the person you are suing has started harassing you? Do you have a crazy neighbor causing […]
Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration?
Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters.
A Fourth DCA opinion, McKenzie v. McKenzie, discusses motions for rehearing. Although this is not a Florida probate case, probate attorneys encounter cases involving motion for rehearings, just like divorce lawyers do.
Are you a beneficiary of a Florida trust? If so, do you believe that the trustee has acted improperly? Has the trustee of your mom’s Florida trust taken funds for his own benefit? Has the personal representative of your dad’s Palm Beach estate failed to act in the best interest of the beneficiaries? Florida probate litigation includes trust disputes. You may want to check out Turkish v. Brody, a recent case out of the Third District Court of Appeal, to learn more.
What does video surveillance have to do with civil litigation in Palm Beach? Why would a party in a Miami probate lawsuit want to video surveil someone? How can video surveillance help me in my Orlando probate lawsuit? What is video surveillance? When is it used in Florida civil lawsuits? Can video surveillance help me win my inheritance case? Ask your probate litigation attorney if video surveillance is appropriate for your particular probate matter. Can you use it at trial? Do you want to use it at trial? Will it substantially help your case?
Does an adopted child inherit from the parents who adopted him or her? What inheritance rights do adopted children have? In Florida, can an adopted adult daughter or son be excluded from a trust that allows all children of a certain person to inherit? What should Florida probate lawyers know about adoption and inheritance rights? Does Florida inheritance law differentiate between people who are adopted as a child vs. as an adult? A June 19, 2013 Fourth DCA opinion, Dennis v. Kline discusses this issue.
In Florida, can I be personal representative if I was convicted of a felony? What if I was convicted of a misdemeanor? Under Florida probate law, what are the qualifications to become a personal representative? What do all West Palm Beach probate lawyers need to know about felonies and probate litigation?
What is duress? When can it be a defense in your estate matter? What should probate lawyers know about duress? Is duress applicable in your Florida trust lawsuit? If you are considering duress as a defense in your Florida case, or if you simply wish to learn more about duress, you should read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor.