On January 23, 2019, CNN reported that comedian Kevin Barnett  had passed away.  He was best known as the co-creator of the  TV comedy show “Rel” on Fox. He was only 32 years old when he passed away.  Did he have a will or a proper estate plan in place? What does his estate consist of? Who will inherit? A February 8, 2017 New York Times article states that only 42% of American adults have a will. This data was taken from a survey that was published on Caring.com. According to the survey, 81 percent of people 72 and older have one. However, the younger the person, the less likely it is for them to have an estate plan. Hopefully, Barnett consulted with an estate planning attorney before he passed away. West Palm Beach probate litigators know that, if you die without a will, your heirs will inherit. If he had died in Florida without a will, which he did not, his heirs would inherit according to Florida intestacy laws. Who are Barnett’s heirs?  Will his heirs even inherit anything at all? To read the entire article, click here.  

In Florida, can anyone be the personal representative or executor of an estate? What are the qualifications required in order to be appointed the personal representative? Can the beneficiaries of a Florida estate object to a person becoming the personal representative? How can a probate lawyer help me as a personal representative in Florida? A January 9,2019 Fourth DCA opinion is a good example of a lawsuit between a Florida personal representative and the beneficiaries of an estate.

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? 

Can you amend a West Palm Beach probate or guardianship lawsuit? What should your trust and estates lawyer know about amending lawsuits in Florida?

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.

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. 

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.

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.

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 .

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?