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?
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.
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.
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.
Yes! A Florida trustee owes a duty of impartiality to their trust beneficiaries.Florida Trust Code, section 736.003 is the Florida law that discusses this. What duties do trustees in West Palm Beach have? What is the duty of impartiality? What should West Palm Beach litigation attorneys know about trustee’s duties?
What is Florida Statute 732.102? What should Florida probate attorneys handling West Palm Beach estate litigation know about this statute? Do you have to be legally married to the decedent at the time of his death to be deemed the surviving spouse? Is a surviving spouse in Florida entitled to his or her deceased spouse’s property? If you believe you are entitled, as a surviving spouse, to a Florida estate, you may want to read Florida Statute 732. 102. You should also contact an experienced trust and estates lawyer.
What does a Florida guardianship have to do with a marriage or a marriage annulment? Can a Ward get married? Can the court take away a Ward’s right to marry in Orland? What does it mean if a Ward’s right to marry is “subject to court approval”? What happens if a Ward marries without getting permission from the court? You should read Smith v. Smith.
Was your dad’s trust executed despite an error in drafting? Was a required signature to make an Orlando trust valid forgotten? Do you know what remedies the West Palm Beach probate court might have under such circumstances? You may want to look at the court’s powers of reformation.
In Florida, can you get sanctions against the other side for a frivolous probate lawsuit? What is frivolous litigation in West Palm Beach probate litigation? What should my trust and estates litigator know about frivolous lawsuits? What should my inheritance lawyer know about Florida Statute, section 57.105?
Are you debating on whether or not your elderly mom needs a guardian appointed? Is your elderly dad unable to properly care for himself? Does your relative have Alzheimer’s or dementia? Do you suspect that your grandmother’s power of attorney (POA) is taking advantage of her? Are you worried that a caretaker or neighbor will steal money from your elderly, vulnerable parents?