What is a guardianship according to Florida law? What should West Palm Beach probate litigators know about who can be appointed as a guardian? When can a professional guardian who is serving as emergency temporary guardian be appointed as permanent guardian? What is an emergency temporary guardian? What is a permanent guardian? You may want to read an April 6, 2018, 2nd DCA opinion, Lyublanovits v. Zebny.
Palm Beach estate attorneys in Florida know that the rules of will formalities are taken very seriously by probate judges. Just because a will is valid in a state, it doesn’t mean that it is valid in Florida. What types of wills are not accepted in Florida? What is a holographic will? Florida probate lawyers know that, in the case of a holographic will, you may just be out of luck.
Is a Florida estate an entity that can be a party to litigation? If you want to sue your mother’s estate, who do you file the lawsuit against? A March 8,2017 Second DCA opinion, Spradley v. Spradley, discusses this issue.
It is important that you choose wisely when selecting your West Palm Beach appeals attorney. The skills of your appellate lawyer will most likely be a large factor in your probate or guardianship appeal’s outcome. What should you ask before hiring a Florida appellate lawyer?
Are you in the middle of an undue influence case, or an inheritance lawsuit, or probate litigation? If you are, you may need o hire Florida litigation counsel.
Many times, Pankauski Hauser gets calls from family members and beneficiaries outside of Florida regarding trust matters in Florida. Did you know that, in limited circumstances, you can change a Florida trust after the creator dies? This is sometimes known as trust modification or trust reformation. Palm Beach probate litigators frequently handle reformation cases in Florida probate courts. When can a trust be reformed? What if the trust is irrevocable? What can an Orlando or Palm Beach trust and estates lawyer tell me about trust modifications? To learn how to change the terms of a Florida trust, even when the trust says it is not changeable or irrevocable, read Florida Trust Code, section 736.0415. Also, contact an experienced West Palm Beach lawyer who actually handles trust reformation modifications, trials, and appeals.
Florida does not recognize common law marriages. However, in some circumstances, it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.
What happens if there is already a probate proceeding or estate administration in Florida when you find the decedent’s Florida will? What happens if the estate is being probated intestate because no one knew there was a will until now? If the estate is still open, any interested person can offer the later found will for probate. But what if the probate is already closed when you find the will? What if the personal representative or executor has already been discharged? In that instance, you cannot offer a later discovered will for probate. You should talk to your probate litigation lawyer about Florida Probate Code, section 733.208. This is a very unique area of Florida probate law , which is not very well known, that talks about missing persons and wills. To learn more about this probate litigation topic, read Florida Statute 733.208 in its entirety.
What is trust reformation? When can a revocable trust be reformed? Should I hire a Florida trust lawyer to reform a revocable trust if I believe that there was a mistake? Can a trust be reformed after the death of the settlor for a mistake? What should West Palm Beach litigators know about trust reformation? If you are considering whether or not you should hire a Florida probate lawyer to petition to reform a revocable trust, you may want to read Reid v. Estate of Edgar Sonder, a March 23, 2011 3rd DCA opinion.
On January 22,2017, Yahoo News reports about a former North Miami nursing home employee who faces three counts each of grand theft and exploitation of the elderly. She was arrested in August 2016. According to the article, Haymee Hernandez is accused of taking advantage of three sick or disabled elderly nursing home residents and stealing more than $13,000 from their bank accounts. Allegedly, she conned these victims into giving her their ATM cards and withdrew money. Unfortunately, financial exploitation of the elderly has become a huge problem in Florida. How can you protect your loved ones? Do you believe that someone you know has been financially exploited? Do you need a West Palm Beach guardianship or probate attorney?