What is required for a will to be valid in Florida? Do you think that the Palm Beach will you created may be invalid? Is it important to execute a will properly? How do I know if my trust and estates lawyer drafted my will correctly? What statute should my estate planning attorney be very familiar with? Do I need to hire an estate planning attorney West Palm Beach to draft my Florida estate plan or can I do it myself?
Did you know that, if you divorce your spouse, you may not be able to inherit from his or her Florida will? What happens if your husband leaves you everything in his Florida will, divorces you, but forgets to change his will? If I am the ex-spouse of the decedent, will I inherit from the decedent’s will if I am listed as a beneficiary? What should probate lawyers and trust attorneys know about Florida Statute 732.507? What is Florida Statute 732.507? If you are an ex-spouse of a person who died in Florida, you may want to read a recent Second DCA opinion, Gordon v. Fishman.
What happens if a Florida statute could be interpreted multiple ways? How do Florida probate courts review questions of statutory interpretation? How can a Florida appellate lawyer help you to prove that a statute should have been interpreted differently? What happens if a statute is wrongly relied on in a case because it does not apply to the facts of the case? These are exactly the issues that are discussed in an August 24, 2018 Second DCA opinion, Gordon v. Fishman.
By Robert Hauser, esq.
by Robert Hauser, esq.
Members of Pankauski Hauser, including law partners John Pankauski, esq. and Jason Lazarus, esq, attended PBC FAWL’s (Florida Association of Women Lawyers) 35th annual Judicial Reception. This reception honored local, state, and federal judges, both past and present. It was truly a wonderful night among colleagues, peers, and our Palm Beach County judges.
A retaining lien in Florida may permit an attorney to retain its files until she is paid for her services. There are only a handful of points that are easy to grasp to understand this concept. It’s different than, but related to, a charging lien. And, there was a 2021 Florida Bar revised or reconsidered opinion on this topic which is a must read. What is a retaining lien? A retaining lien in Florida is a right. The right belongs to a lawyer or law firm. It is a form of security. To provide some assurance that a lawyer will be paid. If it is valid, it attaches to files. Papers, documents, notes, drafts. …. sometimes ! Maybe! Why? Because the Florida Bar just issued an ethics opinion on lawyer liens on March 23, 2021. It is a must read. That 2021 opinion is a reconsideration of Florida Bar Ethics Opinion 88-11 which was issued on August 1, 1988. To read the 2021 reconsideration, click HERE. How do I learn more? Consider reading an opinion from Florida’s 3rd District Court of Appeal. A 2010 opinion tells you more about this obscure legal topic. That opinion also distinguishes a charging lien from a retaining lien. To see free Florida Legal videos on charging liens, click HERE.
Have you ever considered that those text messages you are constantly sending could appear in a future lawsuit against you? Did you know that “cyberbullying” is being taken more and more seriously by the courts? How could a text message that you sent affect your Palm Beach probate lawsuit? How could a text message cause you to lose your Florida inheritance battle?
Have you heard about the case in Massachusetts that involved texting and suicide? Here, Michelle Carter was convicted of manslaughter after persuading her boyfriend, via text, to kill himself. On February 6,2019, the Supreme Judicial Court of Massachusetts upheld the conviction. Specifically, the court concluded that “the evidence against the defendant proved that, by her wanton or reckless conduct, she caused the victim’s death by suicide.”
There are numerous ways that a will can be contested in the state of Florida. A probate litigation lawyer or a trust attorney can help you to understand the reasons that a will can be contested. Understanding these reasons can help to reduce the chances of a dispute among heirs. Also, knowing the ways a will can be contested will become very important if you ever find yourself in the unfortunate position of needing to know your legal rights when it comes to a will challenge. One of the main reasons a will could be challenged is if the testator, the person who signed the will, did not have what is called “testamentary capacity” to sign a will in Florida.