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Palm Beach Probate Litigation:Can I Inherit Under a Prior Will?

Uncategorized Jan 8, 2019
post about Palm Beach Probate Litigation:Can I Inherit Under a Prior Will?

Can I inherit under a prior will in Florida? In Florida, how do I inherit if someone dies without a will? Are you involved in a West Palm Beach will contest or inheritance lawsuit where someone is contesting a will?  Are you involved in a Florida estate or inheritance lawsuit in Florida where someone is attacking a will or trust?

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West Palm Beach Trustees and Florida Statute 736.1009

Uncategorized Jan 4, 2019

When is a West Palm Beach trustee liable for breach of trust? In Florida, can trust beneficiaries sue a trustee for breach of trust if the trustee followed what the trust document said? What is Florida Statute 736.1009? What should Florida trustees and Florida trust and estates lawyers know about Florida Statute 736.1009?

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Can I Write my Florida Will by Hand?

Uncategorized Jan 4, 2019
post about Can I Write my Florida Will by Hand?

Florida wills must be in writing and signed at the end of the will by the person making the will, in the presence of two witnesses who likewise sign the will. The will must be typewritten or computer-generated. In other words, Florida courts do not recognize handwritten wills. Handwritten wills are sometimes referred to as holographic wills. Florida Statute 732.502 specifically says that holographic will are not accepted.

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Does a Florida Trust Need to be in Writing?

Uncategorized Jan 4, 2019
post about Does a Florida Trust Need to be in Writing?

For the testamentary aspects of a revocable trust to be valid, what formalities are required? What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills and trusts need to be in writing? Do Florida wills and trusts need to be witnessed and signed? Does a Palm Beach will or trust need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida. How is this relevant to a revocable trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.

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What is a Slayer Statute?

Uncategorized Jan 4, 2019
post about What is a Slayer Statute?

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.

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How Old Do You Have to Be to Execute a Valid Florida Will?

Uncategorized Jan 3, 2019
post about How Old Do You Have to Be to Execute a Valid Florida Will?

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. 

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Florida Probate Litigation and Questions of Statutory Interpretation

Uncategorized Dec 28, 2018
post about Florida Probate Litigation and Questions of Statutory Interpretation

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. 

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If You Wrote Your Florida Will BEFORE Marriage, Can Your Ex-Spouse Inherit?

Uncategorized Dec 27, 2018
post about If You Wrote Your Florida Will BEFORE Marriage, Can Your Ex-Spouse Inherit?

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? 

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