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.

How do you interpret a will in Florida? If you ask any estate litigation attorney who conducts trials involving wills, such as contesting wills or interpreting a will, they will tell you that probate court judges in the state of Florida focus repeatedly on one thing: the intent of the decedent. What was the intent of the person who passed away, and how was that intent expressed in their Florida will?

What evidence should be presented at a West Palm Beach incapacity hearing ? What should probate lawyers present to a probate court to prove that a guardianship is necessary for the alleged incapacitated person? Does a Florida guardianship court consider testimony from people involved in a guardianship matter? A recent Iowa appeal shows just how important strong evidence is in a guardianship case.

Pursuant to Florida law, what is declaratory relief in a trust and estate lawsuit? How can you win a declaratory judgment in a West Palm Beach probate matter? How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?

In Florida probate litigation, who is an “interested person”? According to Florida law and the probate code, what does it mean to be an interested person? What can an interested person do? Can an interested person petition to reopen an estate?

What is Florida Statute 90.502? Is this an important part of Florida’s Evidence Code? What are the exceptions to the attorney-client privilege according to Florida Statute 90.52? What should my probate lawyer know about this statute? How does this statute pertain to my West Palm Beach probate lawsuit?