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?
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?
Can you participate in a guardianship hearing of a random person? Who has standing to participate in a guardianship hearing in West Palm Beach? Does the next of kin of the Ward have standing to participate? Can the Ward’s sister participate? How about the Ward’s girlfriend? A guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.
Do adopted children inherit from the parents that adopted them? What about foster children? If I am adopted, can I still inherit from my biological father? A January 4, 2017 Court of Appeals of Texas opinion discusses trusts and adoption.
At Pankauski Hauser, we don’t do any estate planning. We do not write Florida wills or Palm Beach trusts. Instead, we litigate. In an inheritance or probate dispute, when do you need a subpoena for trial? Are you or your trust and estates lawyer drafting subpoenas properly?
Pursuant to Palm Beach guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court in West Palm Beach and have a say in someone’s guardianship proceeding? If I am an interested person in a guardianship proceeding in Florida, who will pay attorneys fees? Will the ward have to pay all of the attorneys fees for everyone involved in a guardianship matter? What is a ward?