Do you know how to file an objection to an Orlando will? If your mom dies in Orlando, and a will is filed with the probate court that you do not believe is valid, can you object to it? How can a West Palm Beach trust and estates lawyer help you object to the validity of an Orlando or Palm Beach will? Do you know how to object to an Orlando probate? Do you need to file an objection to an Orlando estate proceeding within a certain timeframe?
West Palm Beach estate lawyers and trust attorneys are noticing that trust litigation in Florida is booming! This is probably because people are using revocable trusts to hold family valuables, and dispose of them. Did you know that trusts can, and often do, operate DURING the trust creator’s lifetime? This means that a trust can operate when the trust creator is still alive, not just after the creator passes away. A trust can be created to insure that certain things of value, such as the ownership of an N.F.L. team, remain in the family even if the creator of the trust becomes incapacitated from Dementia or Alzheimers.
Guardianship lawyers and trust attorneys in Florida encounter many people who have, unfortunately, developed Alzheimer’s disease and/or dementia. Alzheimer’s disease can prevent a person from being able to properly care for themselves. Therefore, sometimes, a guardianship is needed. Guardianship and estate planning lawyers know that there are ways to avoid a guardianship. There are also ways to insure that the people you wish to inherit from your estate will actually inherit. Contacting an estate planning attorney to draft healthcare documents and/or a trust before you, potentially, become incapacitated can be crucial, especially if you are the owner of an NFL team like Pat Bowlens.
Probate litigators know that family disputes frequently occur regarding a trust or a will. Usually, an interested party sues a trustee or personal representative. Sometimes, interested parties or beneficiaries even sue each other. A December 12, 2018 article in The New York Times reveals that a substantial battle has begun regarding the Denver Broncos. Although this lawsuit is not a Florida lawsuit, West Palm Beach trust lawyers frequently encounter similar disputes. This particular dispute is between the trustees, who Pat Bowlen chose to run the Broncos, and Bowlen’s daughter who wishes to take their place.
Florida guardianship attorneys know the importance of having a good estate plan in place. Having an estate planning lawyer draft healthcare documents and trusts can prove to be useful even before death. For example, having a proper estate plan and POA, prior to being diagnosed with dementia or Alzheimer’s disease, may help you to avoid a guardianship. However, despite proper planning, probate lawyers and trust attorneys know that beneficiaries or interested persons of an estate can disagree with people who are left in charge. This can lead to litigation.
Florida probate lawyers and trust attorneys frequently encounter battles between trustees and beneficiaries. These battles can get even more heated when there are billions of dollars and jobs at stake. A December 12, 2018 article in The New York Times reveals that a substantial battle has begun regarding the Denver Broncos. When Pat Bowlen was diagnosed with Alzheimer’s disease, and no longer able to control the team, he turned over his control to three trustees. These trustees set benchmarks for Bowlen’s kids to meet before one could become the team’s controlling owner.
Are you an alleged incapacitated person in Florida? Has an attorney been appointed to you by the court for your incapacity proceeding? What if no court appointed lawyer ever contacted you to help you with your guardianship hearing? As an alleged incapacitated person, can you hire your own counsel to represent you? If you are involved in a guardianship proceeding in Florida, you may want to read Campbell v. Campell.
What if you wish to appeal an order in a West Palm Beach guardianship or probate lawsuit? What should you know about Florida appeals? You may want to read an October 3, 2018 Fourth DCA opinion Pigna v. Messianu to learn more.
Where do you “fight” over that lost bank account, or life insurance proceeds, which are now sitting with the Florida Department of Financial Services, as unclaimed funds?
Florida’s elective share statutes are found at Fla. Stat. §732.201 through §732.2155. A surviving spouse has the right to a share of the elective estate of a decedent – designated the “elective share” – which is 30% of the elective estate. Fla. Stat. §732.2065.