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?
Choosing the right Florida probate litigation firm is very important. When interviewing estate lawyers in West Palm Beach, you should ask the following five questions.
What is an Orlando guardianship? Can a Palm Beach guardianship help to protect my mother who has dementia? Should I immediately file for a guardianship in Florida if I believe my mom can’t care for herself anymore? Guardianship lawyers know that guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida guardianship law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Can you nominate somebody to be the executor, or personal representative, of a Florida estate? Can you remove somebody as personal representative of a West Palm Beach probate? What are your rights in a Palm Beach probate proceeding?
What does the executor of an estate do? Is an “executor” the same thing as a “personal representative”? Who can serve as the executor of a Palm Beach estate? If your mom dies, how can you be appointed the executor of her estate by the West Palm Beach probate court? What should you probate litigator know about the qualification requirements of being an executor in Florida? If you are asking any of these questions, you should read Florida Statutes 733.302 and 733.303. These sections of the Florida Probate Code explain who cannot serve as an executor or personal representative of a Florida estate. Probate litigators know that, in Florida, the executor is referred to as the personal representative. There are special rules regarding certain people like felons and people who are under the age of eighteen. There’s also a big catch all that probate litigation firms are very interested in: If someone is physically or mentally unable to handle the job of running an estate, they cannot serve as personal representative. For more information about who can be the executor or PR of Florida probate, or who can run a Florida estate, talk to a Florida estate planning or probate lawyer.
What is a Florida guardianship? Who is an “interested person” in guardianship litigation? Does simply being next of kin confer “interested person” status in a Florida guardianship? If your parent is the Ward in a Florida guardianship , and you are interested in filing a petition in his or her guardianship, you should hire an experienced West Palm Beach guardianship lawyer. In addition, you may want to read Hernandez v. Hernandez.