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?
What is “formal notice” in probate litigation? What should Florida trust and estate lawyers know about formal notice requirements? When is formal notice required during a West Palm Beach probate proceeding? Who is entitled to formal notice in a probate proceeding? Is formal notice to all beneficiaries required for a petition for summary administration? A November 15, 2017, Fourth DCA opinion discusses “formal notice” and a petition for summary administration.
West Palm Beach probate lawyers know that, in Florida, surviving spouses have inheritance rights. This is probably the case in most states. But do surviving spouses still have the same rights if they are separated from the decedent at the time of his or her death?
What is required for a Florida will to be valid? What should your probate lawyer know about executing a will or trust? If a will is not valid, can it be thrown out by the court? What happens if a will is not properly executed? What should trust and estates lawyers know about executing and litigating Florida wills? What is Florida Statute 732.502?
What if a decedent wrote multiple wills? When a decedent wrote multiple wills, how do you know which one is valid? What if multiple Florida wills are discovered during the probate process and then AFTER the estate has been completely administered, an additional will is found? Can a beneficiary still offer the additional will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should West Palm Beach lawyers know about discovering later wills?
If you’re a surviving spouse in West Palm Beach or Orlando, you’ve probably heard about Florida’s elective share. In Florida, spouses are guaranteed an inheritance regardless of whether or not their deceased wife or husband’s trust/ will says so. There are some exceptions. For example, a spouse could sign away his or her inheritance rights in a prenup. If you are the surviving spouse in an estate matter, and have not already contacted a lawyer, you should definitely do so! There are important deadlines that must be met in order for you to get your inheritance. To learn more about Florida’s elective share, you should read Florida Statute, section 732.2125. If you are looking to interview a Florida probate lawyer, please feel free to call our firm at (561)514-0900 Ext. 101 for a free consultation.