If two people are married according to the laws of a foreign country, will that marriage be deemed valid by a Florida probate court? Do the Florida probate courts look to the foreign country’s laws to determine whether reputed spouses from a foreign country should be considered married? What if a reputed spouse argues to a Florida probate court that, under a foreign law, she is married to the decedent? You may want to read Cohen v. Shushan, a March 15,2017 Second DCA opinion.
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
In a Florida probate or divorce case, when can a lawyer be disqualified? Can my Palm Beach lawyer be disqualified? When is disqualification of counsel appropriate in West Palm Beach litigation? In Florida, what is the standard for determining whether counsel should be disqualified? What is a motion to disqualify? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.
People have a right to choose who they would like their counsel or trial attorney to be. However, in certain circumstances, a lawyer can be disqualified from representing a client. How do Florida probate courts decide whether or not an attorney should be disqualified? If you are involved in trust and estates litigation, you may want to read a March 15,2017 Third DCA case, Lopez v. Flores.
Can you seek reformation to remedy an error in the execution of a Florida trust amendment? Florida’s Second District Court of Appeal (DCA) says “no”! A March 17, 2017 Second DCA opinion, Kelly v. Lindenau discusses trust reformation and when it is a proper remedy.
What is an “interested person”? Can an interested person reopen a Florida estate? What do probate litigators in Boca Raton need to know about “interested persons”? Are you questioning whether you are an interested person when it comes to your brother’s estate? If your brother dies, are you automatically considered an interested person because you are his sibling? Can you be an interested person if you have no financial interested in the estate?
What happens if your dad fails to have the two witnesses to his trust amendment sign the amendment? What if your dad fails to sign his own Florida trust? Is it still valid according to Florida law? Can reformation validate a trust amendment in Florida? What are the formalities required to execute a valid trust amendment in Florida? What should probate lawyers in West Palm Beach know about executing a trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.
Are you worried that your incapacitated father will marry his twenty year old girlfriend, leaving you nothing to inherit? Does your friend of parent have a court appointed guardian? Are they a Ward? Does a Ward have a right to marry in Palm Beach or Delray Beach? How can the right to marry be taken away? You may want to read Smith v. Smith.
What does a foreclosure have to do with estate litigation? Why would Palm Beach probate lawyers be involved in a dispute with a bank regarding a foreclosure? In Florida, when someone dies, can that person’s estate be substituted as the defendant? You may want to read a recent Second DCA opinion.
West Palm Beach trust attorneys and probate lawyers deal with not only the law and financial matters of the parties involved in probate litigation, but also the personal matters of the parties involved. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. Your experienced trust and estates lawyer should know how to handle the emotional issues in addition to the law. This is because non-legal issues, such as disdain for family members, are often major “influencers” to litigation.