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Probate Litigation: Beneficiaries v. Personal Representative

Uncategorized Apr 23, 2019
post about Probate Litigation: Beneficiaries v. Personal Representative

West Palm Beach probate litigators frequently encounter inheritance cases where the beneficiaries of a Florida estate sue the personal representative of the estate. Usually, these inheritance lawsuits are even between family members. What are these disputes over? What types of issues do trust and estates lawyers frequently encounter? When do you need to hire a Florida probate lawyer? What do you do if a personal representative or executor is being bad? What rights do you have as a beneficiary? Is there an estate issue worth suing over in your Florida probate matter? A January 9,2019 Fourth DCA opinion is a good example of a lawsuit between a Florida personal representative and the beneficiaries.

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Can an Improperly Executed Trust Amendment Be Validated Under the Statute Permitting Reformation to Correct Mistakes of Law Affecting the Settlor’s Intent?

Uncategorized Apr 23, 2019
post about Can an Improperly Executed Trust Amendment Be Validated Under the Statute Permitting Reformation to Correct Mistakes of Law Affecting the Settlor’s Intent?

What happens if a trust is created but it was not properly signed by two witnesses? What if a Florida trust is not properly executed? Is a trust that is not properly executed in Florida still valid? Can an amendment’s improper execution be corrected under the statute permitting reformation of mistakes? If you are involved in trust litigation where a mistake was made in the execution of a Florida trust, you may want to read Kelly v. Lindenau, a May 17, 2017 Second DCA opinion. Here, the validity of a trust amendment was in question. The trust amendment in the Florida probate case conveyed settlor’s residential property to a beneficiary. The issue was that the trust amendment was not signed by a second witness. Therefore, according to Florida trust law, it was not properly executed. The successor tustee brought action against the beneficiary in the aendment seeking declaration as to the validity of the trust amendment. The benefificary filed a counterclaim seeking reformation of the trust amendment, and the trial court ultimately granted the beneficiary’s counterclaim. However, the Second DCA disagreed with the trial courts decision. The appellate court help that “amendment’s improper execution could not be corrected under statute permitting reformation of mistakes, and constructive trust was improper remedy for error in execution.” To read the entire case, click here.

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What are the Rights of a Person Determined Incapacitated in Florida?

Uncategorized Apr 23, 2019
post about What are the  Rights of a Person Determined Incapacitated in Florida?

What is Florida Statute 744.3215? Did you know that if you are deemed incapacitated in Florida, certain rights may be taken away from you? Can all of my rights be taken away from me? What rights will I still have if I am a Ward? How can my guardianship lawyer help me to understand my rights? Florida Statute 744.3215 is the relevant statute. It lists the rights that a person retains when determined incapacitated and the rights that may be removed.

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How Can a Florida Estate Attorney Get a Lost Will Admitted to Probate Court?

Uncategorized Apr 23, 2019
post about How Can a Florida Estate Attorney Get a Lost Will Admitted to Probate Court?

Florida probate lawyers know documents get lost, that includes occasionally a Last Will and Testament. What can you do when your Florida will is lost? Can you get a lost will admitted to probate? Florida estate attorneys know how to get the will admitted with limited Florida probate litigation. Want to learn more? Check out this recent appeal from the Courts of New York that deal with a lost will being admitted to probate.

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Why Should I Have a Florida Will?

Uncategorized Apr 23, 2019
post about Why Should I Have a Florida Will?

In Florida, if you die without a will, you are dying intestate. This means that your wealth will pass to your heirs. Who are heirs? If you have a spouse and children, they will probably inherit. However, sometimes the people who Florida Law considers to be heirs are not the people you want to inherit from you. According to a February 8,2017 New York Times article, only 42% of American adults have a will.  However, Florida probate lawyers know that getting a will drafted by an estate planning lawyer can be a simple and affordable process.

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Does a Florida Will Need to be in Writing?

Uncategorized Apr 22, 2019
post about Does a Florida Will Need to be in Writing?

Does a Florida will need to be in writing? Yes! Does the Palm Beach probate court recognize oral wills? No! What if I recorded what I want to happen to my Boca Raton estate on my iPhone? Is this a valid will? No!  What if your elderly mother tells you what she wants done with her estate? Completely oral wills are called “nuncupative” wills. They are also sometimes called oral wills. These are not valid in Florida! Florida Statute 732.502 states that every Florida will must be in writing. In addition, there are other requirements that must be met to properly execute a Florida will.

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Guardianship Lawsuits and the Right to Marry

Uncategorized Apr 22, 2019
post about Guardianship Lawsuits and the Right to Marry

Does a Ward have a right to marry? If you are a Florida guardianship lawyer, or a family member involved with an aging or fragile adult who is subject to a guardianship, you will want to read the Fourth DCA’s March 2,2016 opinion in the Smith case.

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What Happens if the Language in a Palm Beach Will is Unclear?

Uncategorized Apr 22, 2019
post about What Happens if the Language in a Palm Beach Will is Unclear?

What if the language in a Boca Raton trust is not clear? What happens if a certain provision in a trust can be interpreted to mean two different things? When do I need a probate litigator to help me identify the true meaning of a provision in a Florida will? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates  how easy it is for people to read the same document but interpret it differently.

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