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Is a surviving spouse in Florida entitled to his or her deceased spouse’s property?

Uncategorized Mar 22, 2019
post about Is a surviving spouse in Florida entitled to his or her deceased spouse’s property?

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.

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Orlando Guardianships, Marriage, and Annulments

Uncategorized Mar 21, 2019
post about Orlando Guardianships, Marriage, and Annulments

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.

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Reformation and Orlando Trusts

Uncategorized Mar 21, 2019
post about Reformation and Orlando Trusts

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.

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When Should I File a Guardianship Action in Florida?

Uncategorized Mar 20, 2019
post about When Should I File a Guardianship Action in Florida?

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? 

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Guardianships and Bad POAs in Florida

Uncategorized Mar 20, 2019
post about Guardianships and Bad POAs in Florida

When should you file a guardianship action in Florida? Is your elderly mom or dad being taken advantage of by his or her POA? What can you do to stop a bad POA from stealing from the person he or she is  supposed to be assisting?  Do you think that someone may be financially exploiting, or stealing money from, your elderly relative? You may wish to read a March 6,2019 Fourth DCA opinion, Johnson v. Florida. 

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Attorneys Fees as a Sanction Against the Other Side’s Lawyer

Uncategorized Mar 20, 2019

Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action?  Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.

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Florida Trust and Estates Lawsuits: Attorney Fee Disputes

Uncategorized Mar 15, 2019
post about Florida Trust and Estates Lawsuits: Attorney Fee Disputes

In probate litigation cases in Florida, there are sometimes disputes regarding attorneys fees. Do you need a West Palm Beach lawyer who is experienced with trials regarding attorneys fees?  Who is entitled to attorneys fees in a Florida litigation case? What do Palm Beach attorney fee hearings entail? Can you challenge an order determining entitlement to an amount of attorneys fees and costs. You may wish to read a recent attorney fee case from the Fourth DCA, In Corominas v. Ajay Development Group, LLC. 

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