Do you know what a slayer statute is? Did you know that Florida has a slayer statute? These laws prevent those that kill from benefiting under their victims wills. Estate lawyers in Florida see this law coming up more than you would expect. Check out this recent case where a man is convicted by a Federal jury for murdering his boyfriend.
According to Florida Statutes, can anyone make a will? Can a 16 year old execute a valid will in Florida? What if a person is incompetent when he creates his Palm Beach Estate plan? Can my probate litigator determine whether a will is valid or invalid? You may want to read Florida Statute 732.501.
Do you want to execute a will in Florida? How old do you have to be to create a valid will? If I am 16 years old when I write my will is the will valid? Will the West Palm Beach probate court consider a will written by a 12 year old? If you are wondering what the answers are to these questions, you may want to read Florida Statute 732.501.
Is there a relevant Florida statute in your inheritance case that could be interpreted multiple ways? What happens if one party to a probate lawsuit argues that a statute should be interpreted one way and the other party argues the opposite? How does the Florida probate court review questions of statutory interpretation? What should West Palm Beach probate lawyers know about statutory interpretation? A recent Second DCA opinion, Gordon v. Fishman, discusses this issue.
Under Section 732.507 of the Florida Statutes, if the decedent’s Florida will is written while the decedent was married, and the ex-spouse is mentioned as a beneficiary, the court will act as if the ex-spouse predeceased the decedent. Therefore, the ex-spouse will not inherit under the will unless there is specific language that provides otherwise. However, what happens if the will naming the ex-spouse as a beneficiary was written BEFORE the marriage? Does Section 732.507 still prevent the ex-spouse from inheriting?
Should disqualification of a party’s chosen trial lawyer be permitted by the probate court in West Palm Beach? When is it justified to disqualify a trust lawyer from representing someone in a particular matter? What is a conflict of interest? If a lawyer tells a lawyer from another firm about the facts and strategies of a case, can the lawyer from the other firm now, knowing the inside strategies, represent the opposing party in that same matter? You should read Lopez v. Flores, a recent Third DCA opinion.
Do you know how to object to an Orlando probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in an Orlando estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials throughout Florida. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.
When does a cause of action accrue in a Florida probate matter? Why should you know the answer to this? Probate lawyers know that certain Florida statutes may have been amended at some point. Therefore, different versions of a statute may exist. Which version applies to your Florida case?
When a statute has amendments, how do you know which version should be applied to your case? When do amended versions of a Florida statute apply instead of the original? The applicable version of a statute is ordinarily the one “in effect when the cause of action arose.” A December 12, 2018 Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin, discusses this issue. Although this is a wrongful death opinion, West Palm Beach probate lawyers encounter similar fact patterns.
The applicable version of a statute is ordinarily the one “in effect when the cause of action arose.” What does this mean? What should probate lawyers know about this? Florida lawyers know that ,sometimes, there are multiple versions of Florida statutes. Amended versions of statutes can be pretty different from the originals. Therefore, it is important to understand which version of a statute is applicable in your matter. A December 12, 2018 Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin, discusses this issue.