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Inheritances, Estate Battles, and Partition Actions

Uncategorized Jan 24, 2019
post about Inheritances, Estate Battles, and Partition Actions

A recent opinion from the Supreme Judicial Court of Massachusetts, Ciani v. Macgrath, centers around a surviving spouse’s rights to real property of the decedent. Although this is not a Florida probate case, probate lawyers in Florida encounter estate cases with similar facts. Here, the surviving spouse of the decedent filed a partition action, seeking to force the sale of three properties that she inherited with the decedent’s children. As West Palm Beach litigators, we frequently see this fact pattern. Probate attorneys know that co-owning property can be very difficult if the co-owners do not get along or see eye-to-eye. What do you need to know about a Florida partition action? Have you recently inherited interest in real property that you co-own with people you don’t like? Would you rather sell a property that you’ve inherited an interest in, or co-own it with people that will make your life difficult? If you are considering filing a partition action in Florida, feel free to call us at (561)514-0900 ext.101 for a FREE consultation.

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Surviving Spouse Inheritance Rights & Real Property

Uncategorized Jan 24, 2019
post about Surviving Spouse Inheritance Rights & Real Property

Probate lawyers know that surviving spouses in Florida have many rights. With that being said, surviving spouses often hire estate lawyers to assist them in receiving their inheritance. Oftentimes, surviving spouses end up in probate battles with family members of the decedent. Therefore, a trust lawyer is necessary for the surviving spouse to insure that his or her inheritance is not taken! 

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Florida Guardianship Law: Who has the Capacity to Enter into a Contract with an Attorney?

Uncategorized Jan 24, 2019
post about Florida Guardianship Law: Who has the Capacity to Enter into a Contract with an Attorney?

If the ward is determined to be incapacitated by a Florida guardianship court, does he or she still have the capacity to hire a lawyer? Can a ward reach out directly to an attorney to hire him or her as the ward’s attorney? Does a ward have a right to an attorney?  If you are involved in a guardianship in Florida, you probably want to know the answers to these questions. A recent Third DCA opinion, Jacobsen v. Busko provides the answers. 

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Comedian Kevin Barnett Has Died at Only 32 Years Old

Uncategorized Jan 23, 2019
post about Comedian Kevin Barnett Has Died at Only 32 Years Old

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.  

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West Palm Beach Estates: Who Can be Appointed as the Personal Representative or Executor of a Florida Estate?

Uncategorized Jan 22, 2019
post about West Palm Beach Estates: Who Can be Appointed as the Personal Representative or Executor of a Florida Estate?

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.

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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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