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What is Formal Notice Under the Florida Probate Rules?

Uncategorized Jan 22, 2019
post about What is Formal Notice Under the Florida Probate Rules?

What is Formal Notice under the Florida Probate Rules? When is formal notice required? What should Palm Beach probate and guardianship lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

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Attorneys Fees and Palm Beach Guardianships

Uncategorized Jan 22, 2019
post about Attorneys Fees and Palm Beach Guardianships

One of the hot topics for West Palm Beach attorneys and judges right now is attorneys fees. Are you involved in guardianship litigation in Florida? If you are, you shouldn’t assume that the court will permit all of the attorneys fees to be paid from the ward’s assets.That doesn’t always happen. The ward is the person who is deemed incapacitated and in need of a guardian.

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Florida Inheritance Litigation Involving Family Disputes

Uncategorized Jan 18, 2019
post about Florida Inheritance Litigation Involving Family Disputes

Has a family member recently passed away in Florida? Are you the beneficiary of a West Palm Beach or Orlando will? Are you named as the personal representative of a Florida estate? Did you just discover that you may be inheriting from an estate in Florida? You may need a probate lawyer. Probate lawyers frequently encounter disputes between the beneficiaries of the estate and the personal representative. Usually, both the beneficiaries and the personal representatives are family members. It’s crazy to think that family members would spend thousands and thousands of dollars to fight each other in an estate battle, but it happens all the time! You may want to check out a January 9,2019 Fourth DCA opinion, Goodstein v. Goodstein. 

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Palm Beach Probate Litigation: Interpreting Language in a Florida Trust or Will

Uncategorized Jan 18, 2019
post about Palm Beach Probate Litigation: Interpreting Language in a Florida Trust or Will

What happens if multiple people interpret the same Florida trust differently? What if the language in a marital agreement or Palm Beach will is unclear? How do the Florida probate or family courts determine what the true meaning of a provision should be? A June 20, 2012 Third DCA case , Glenn v. Roberts, demonstrates just how easy it is for people to read the same document but interpret it differently.

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Actress from ‘Andy Griffith Show” Left a $100,000 Trust Fund for Local Police

Uncategorized Jan 17, 2019

Do you have a Florida will? Have you decided who you would like to inherit from your Palm Beach estate? Is there an agency or charity that you wish to leave money to in a Florida will? In order to insure that the people you wish to inherit your assets actually inherit them, you should meet with an experienced estate planning lawyer to create a will or trust. Probate lawyers know that, in your Florida will, you can specify exactly where you would like your money to end up when you pass away.

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Can an Alleged Incapacitated Person File a Motion for Substitution of Cousel?

Uncategorized Jan 17, 2019
post about Can an Alleged Incapacitated Person File a Motion for Substitution of Cousel?

What is a motion for substitution of counsel? What does a motion for substitution of counsel have to do with guardianship litigation? According to Florida law, does an alleged incapacitated person have a right to have counsel of his or her own choosing? Does an alleged incapacitated person have the right to have a motion for substitution of counsel granted? You may want to read a 2017 Florida guardianship opinion,Campbell v. Campbell .

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Florida Probate Creditor Claims, E-Filing, and Important Deadlines

Uncategorized Jan 17, 2019
post about Florida Probate Creditor Claims, E-Filing, and Important Deadlines

Probate litigators know how important it is to be knowledgeable about Florida Statutes and all amendments and additions made to them. For example, on April 1,2013, e-filing became mandatory throughout Florida. What does this mean? Do all Florida claims need to be e-filed or only probate claims? Are there exceptions? Who is a creditor to a Florida estate? When does a creditor need to make a claim against a Florida estate?  

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Florida’s Escheat Statute: What Happens if a Person Dies Intestate and Has No Heirs?

Uncategorized Jan 17, 2019
post about Florida’s Escheat Statute: What Happens if a Person Dies Intestate and Has No Heirs?

What happens if a person dies with no spouse, children, parents, or siblings? What happens when a decedent dies intestate and is not survived by any person that is entitled to his intestate property? What happens when the decedent has no heirs and no West Palm Beach will? Do you want your money to escheat to the State? Probate lawyers know that you may want to read Florida Statute 732.107.

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What Does it mean to be a “Qualified Beneficiary” of a West Palm Beach Trust?

Uncategorized Jan 15, 2019
post about What Does it mean to be a “Qualified Beneficiary” of a West Palm Beach Trust?

Are you the beneficiary of a Florida trust? Do you know what your rights are as a beneficiary of a trust in Florida? Who are “qualified beneficiaries” under the Florida Trust Code? When should you speak with a West Palm Beach probate lawyer? Do you need a West Palm Beach trust lawyer if you are the beneficiary of a trust in Florida? Are you confused about whether or not you are a beneficiary of a trust? You may want to read a January 9.2019 Fourth DCA opinion, Hadassah v. Melcer. 

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