Probate and guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member.  What is a fiduciary duty? Does a probate lawyer have a fiduciary duty to his client? You may want to read about a Las Vegas lawyer who may have financially exploited his clients.

Are you worried that your incapacitated father will marry his girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Florida? How can the right to marry be taken away?

What is a constructive trust? What should West Palm Beach probate litigators know about constructive trusts? When is a constructive trust appropriate in a Palm Beach trust lawsuit? In your probate lawsuit, has the court ordered that a property is subject to a constructive trust? Do you know what that means? Experienced West Palm Beach trust lawyers know that a constructive trust is not actually a trust. Instead, a constructive trust is a flexible equitable remedy to prevent unjust enrichment by a party.

What do Florida divorces have to do with Florida probate matters? Why are Florida divorce cases relevant to probate cases? Should I have a prenuptial agreement drafted by a West Palm Beach attorney? Why should I spend the money to get a prenup when I love my future wife and want to be with her forever? What do Palm Beach probate litigators need to know about prenups? Does marriage affect estate planning in Florida?  McKenzie v. McKenzie, a September 5, 2018 appeal from the Fourth DCA, is a good example of a divorce battle that could possibly have been avoided if a prenup was in existence. Most people know that divorce can financially destroy assets but it can also destroy inheritances.

Florida probate lawyers know that a will should reflect the actual intent of the party that drafted it. So what happens when a caretaker or adult child exercises undue influence over a testator in Florida? Florida will contest lawyers may be able to set aside a will for lack of testamentary capacity, duress or fraud. Do you know how long you have to file a will contest in Florida?

Was your dad’s trust executed despite an error in drafting? Was a required signature to make a Florida 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. Take a look at what happened in this recent case out of Florida’s Second District Court of Appeals.

Can you nominate somebody to be the executor, or personal representative, of an estate? Can you remove somebody as personal representative of a Florida probate? What are your rights in a Palm Beach probate proceeding?

When should my probate lawyer suggest that I seek a temporary injunction? Do you feel that you need to file something to prevent someone from taking estate funds? How can a temporary injunction be beneficial to me in my West Palm Beach inheritance lawsuit? What does a temporary injunction do? What must I establish in order to obtain a temporary injunction in my Florida estate case? What does a temporary injunction have to do with an inheritance in Florida? 

What is a temporary injunction? What should my Florida inheritance lawyer know about injunctions? When should a temporary injunction be filed in my Florida probate case? What must be established by a party seeking a temporary injunction? If you are involved in a Florida inheritance battle, you may want to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum, to learn more about temporary injunctions. 

If someone has “messed” with your inheritance, do you have a cause of action? Can you bring a probate lawsuit if you got cut out of an inheritance in bad or negligent way? When should you hire a West Palm Beach probate lawyer?