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West Palm Beach Litigation: Motions for Rehearing

Uncategorized Feb 14, 2019

Is a motion for rehearing the same thing as an appeal? Do you know the difference? Did you know that a Florida  appeal is heard in a different court than a motion for rehearing? Who hears a motion for rehearing? What should your Florida probate lawyer know about these motions? If you are curious about the rules on a motion for rehearing, check out Florida Rules of Civil Procedure, specifically 1.530. In addition, you may wish to read a  case from the Fourth DCA, Mckenzie v. Mckenzie. Lastly, you could consult with an experienced Palm Beach probate attorney. To interview a trust and estates lawyer, free of charge, call (561)514-0900 ext.101.

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In Florida, Does a Ward Have the Right to Marry?

Uncategorized Feb 14, 2019
post about In Florida, Does a Ward Have the Right to Marry?

Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.

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What Formalities Are Required to Execute a Valid Florida Will?

Uncategorized Feb 14, 2019
post about What Formalities Are Required to Execute a Valid Florida Will?

West Palm Beach probate lawyers and trust litigators know that there are certain formalities that must be met when executing a Florida will. What are these formalities? Does a Florida will need to be in writing? Does there need to be a formal signature? Does an estate planning lawyer have to prepare the will or can you prepare a will at home? You need to read Florida Statute 732.502.  

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Does a Non-Marital Child Have a Right to Inherit From the Father?

Uncategorized Feb 14, 2019
post about Does a Non-Marital Child Have a Right to Inherit From the Father?

West Palm Beach probate lawyers know that, according to Florida law, a non-marital child is recognized as a child of the mother. What does this mean? This means that the child may inherit from and through the mother. Also, the mother may inherit from and through the child. But what about the father? Can a non-marital child inherit from the father? You may want to read Florida Statute 732.108.

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Afterborn Heirs and Florida Inheritance Rights

Uncategorized Feb 14, 2019
post about Afterborn Heirs and Florida Inheritance Rights

When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.

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Orlando Probate Litigation: When Do Pretermitted Children Inherit?

Uncategorized Feb 13, 2019
post about Orlando Probate Litigation: When Do Pretermitted Children Inherit?

In Orlando probate litigation, what is a pretermitted heir? When do pretermitted children inherit in Orlando? What should Orlando probate lawyers know about pretermitted children and your Orlando  probate matter? You may want to read Florida Statute 732.302.  Furthermore, if you believe you are a pretermitted heir of a person who has passed away in Florida, you should contact a Florida probate lawyer who specializes in wills, trusts and estates. If  your dad or mom wrote his or her  Florida will before you were born, you may still be able to inherit. To interview the managing partner at Pankauski Hauser, free of charge, call (561)514-0900 Ext. 101.

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Hearsay and Florida Trials

Uncategorized Feb 12, 2019
post about Hearsay and Florida Trials

What is Hearsay? What should West Palm Beach probate attorneys know about hearsay? How do you get evidence into probate court to prove your case? A November 8, 2017 Fourth DCA opinion revolves around whether or not evidence that was relied on in a trial is hearsay.

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Adoption and Florida Discretionary Trusts

Uncategorized Feb 12, 2019

How can an adoption affect a Florida discretionary trust? How can an adoption affect the beneficiaries of a Florida trust? Can an adoption be deemed a sham if it dilutes a beneficiaries’ potential for receiving distributions from a Palm Beach trust? What do Florida trust lawyers need to know about adoption? If you are involved in a trust matter involving a person who was adopted, you may want to read a March 31, 2017 First District Court of Appeal( DCA) opinion, Edwards v. Maxwell.

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Surviving Spouses in Florida Have Inheritance Rights

Uncategorized Feb 12, 2019
post about Surviving Spouses in Florida Have Inheritance Rights

Does a surviving spouse have rights when it comes to inheritance? Can my wife give her house to someone else in her Florida will? Can my husband leave me and our minor children nothing? What are spousal rights in Palm Beach probate litigation? Can my spouse of twenty years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to?

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