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Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Uncategorized Mar 25, 2019
post about Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Did you know that divorce can substantially affect your Florida inheritance rights? What should West Palm Beach probate lawyers know about divorce and inheritance rights in Florida? If I divorce my husband, will I still inherit if I am listed as a beneficiary in his Florida will? What happens if my husband divorces me but forgets to take me out of his Orlando will?  What if I am a listed beneficiary in my ex-wife’s will that she executed during our marriage? If you are asking yourself about any of these questions, you may wish to read Florida Statute 732.507. 

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Wrongful Death Appeals and Damages

Uncategorized Mar 25, 2019
post about Wrongful Death Appeals and Damages

West Palm Beach lawyers know that wrongful death cases in Florida usually involve damages. What are compensatory damages? What are punitive damages? What Florida statute(s) should be applied to determine what damages should be awarded? If you are involved in wrongful death lawsuit in Florida, you may want to read a recent Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin. 

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Who Does the Personal Representative of a Florida Estate Need to Serve a Copy of the Notice of Administration to?

Uncategorized Mar 25, 2019
post about Who Does the Personal Representative of a Florida Estate Need to Serve a Copy of the Notice of Administration to?

Have you been named the personal representative in a Florida will? Have you been appointed the personal representative or executor of a Florida estate by a probate judge? What should you know about being a personal representative in Florida? Did you know that the personal representatives has duties that must be met? Do you know who you need to serve with the petition for administration? You should read Florida Probate Code section 733.212.

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Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Uncategorized Mar 25, 2019
post about Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Do you know how to file an objection to a West Palm Beach trust or 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? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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According to Florida Law, When Can the Right to Marry be Taken Away?

Uncategorized Mar 25, 2019
post about According to Florida Law, When Can the Right to Marry be Taken Away?

According to Florida law, when can the right to marry be taken away. 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.

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Can a Minor Write a Valid Will in Florida?

Uncategorized Mar 25, 2019
post about Can a Minor Write a Valid Will in Florida?

Can anyone execute a Palm Beach will? Can a minor execute a valid will in Florida? According to Florida probate law, what is testamentary capacity ? What should Florida probate lawyers know about testamentary capacity? When does a person have testamentary capacity?

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Florida Inheritance Cases: Undue Influence and Temporary Injunctions

Uncategorized Mar 22, 2019
post about Florida Inheritance Cases: Undue Influence and Temporary Injunctions

Do you suspect that your mom or dad is being taken advantage of by a caretaker or neighbor? Has someone obtained, by exercising undue influence, a POA from your elderly relative? How can a temporary injunction help you in an undue influence case? When should your West Palm Beach probate lawyer file a petition for temporary  injunction? You may want to read a November 21,2018 Fourth DCA opinion, Maldonado v. Buchsbaum. 

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Undue Influence and Florida Probate Lawsuits

Uncategorized Mar 22, 2019
post about Undue Influence and Florida Probate Lawsuits

What is undue influence? What does undue influence have to do with probate lawsuits in Florida? Do you believe that your mother or father was unduly influenced to change his or her will? When should you hire a probate lawyer to assist you with an undue influence dispute? What should you do if you suspect that someone has been unduly influenced to change his or her estate plans? You may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

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Does Florida Law Require That an Attorney Be Appointed for Pesons Alleged to Be Incapacitated?

Uncategorized Mar 22, 2019
post about Does Florida Law Require That an Attorney Be Appointed for Pesons Alleged to Be Incapacitated?

Do you know what a Florida guardianship is? What is an incapacity hearing? When do I need a West Palm Beach probate litigation lawyer? If I am being taken to Florida probate court to potentially be deemed incapacitated, am I entitled to an attorney? Do I have to be represented by a court appointed guardianship lawyer at my incapacity hearing, or can I choose my own lawyer? If you or a family member is involved in West Palm Beach guardianship litigation, you should read a recent Fourth DCA opinion, Campbell v. Campbell.

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