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.
If I Was Legally Married to the Decedent at the Time of his Death, but we were Separated, do I Still Inherit as a Surviving Spouse?
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?
Florida Probate Law: The Requirements Needed to Properly Execute a Florida Will
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?
Multiple Florida Wills: Which Will Should Be Used in the Florida Probate Proceeding?
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?
Surviving Spouse Rights: Elective Share
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.
Does Florida Have Common Law Marriage?
In Florida, for inheritance purposes, being legally married and having a “common law marriage” are two completely different things. If you are not married to your long term partner and have commingled funds and accumulated assets you risk losing those assets to their heirs in intestacy if you lack a will. When you are married your spouse has a vested right in your estate that a long-term partner simply does not have as a matter of law.
Temporary Injunctions and Florida Litigation
Do you know what an injunction is? When can you request an injunction in your Florida lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission. Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Lerner v. Dum.
Properly Executing a Florida Will
What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? What is a holographic will? Does a will need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida.
Florida Probate Litigation: When Will a Temporary Injunction Be Issued in my Undue Influence Case?
Can I file a temporary injunction in my probate case? If I am the personal representative or executor of a Florida estate, can I seek a temporary injunction to restrain someone from stealing estate assets? Do you need to file a petition for temporary injunction in your West Palm Beach inheritance lawsuit? To learn more about temporary injunctions, you may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum.
Temporary Injunctions and Florida Probate Litigation
What is a temporary injunction? When may a temporary injunction be needed in a Florida probate case? What should my probate lawyer know about temporary injunctions? Can you file a petition for a temporary injunction to prevent someone from taking estate assets? What must a party establish in order to seek a temporary injunction in a Florida trust and estates case? You may want to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum.