How old do you have to be to serve as executor of a Florida estate? Is an “executor” the same thing as a “personal representative”? Who can serve as the executor of a Palm Beach estate? If your mom dies, how can you be appointed the executor of her estate by the West Palm Beach probate court? What should you probate litigator know about the qualification requirements of being an executor in Florida?
Probate litigators know that it can be very helpful to have a court reporter present at all hearings. This includes hearings that you may believe are “no big deal”. This makes sense since the cost is relatively small, and transcripts provide a solid record of what was said by whom, and what transpired throughout a lawsuit.
If I signed a settlement agreement in Florida, can I still sue for malpractice? What should my West Palm Beach probate litigator know about malpractice lawsuits and settlement agreements. If I consent to a marital settlement agreement or a probate contract, am I barred from suing my West Palm Beach lawyers for malpractice? What if my attorney gave me horrible advice when he told me to sign an agreement? When can I sue for malpractice in a Florida probate or family law case? A recent Fourth DCA case, Miller v. Finizio, discusses malpractice and marital settlement agreements.
What is Florida Statute 732.102? What should Florida probate attorneys handling West Palm Beach estate litigation know about this statute? Do you have to be legally married to the decedent at the time of his death to be deemed the surviving spouse? Is a surviving spouse in Florida entitled to his or her deceased spouse’s property? If you believe you are entitled, as a surviving spouse, to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.
What is financial exploitation of the elderly? Did you know that Florida probate litigators frequently encounter cases involving financial exploitation of the elderly? Has an elderly friend or family member been taken advantage of? How can a guardianship attorney help you with your financial exploitation case? If you believe someone close to you is being financially exploited by a caretaker, financial adviser, friend, or relative, please feel free to call us for a free consultation at (561)279-6344 Ext.101.
What does Rule 4-3.7 have to do with a motion to disqualify? What should West Palm Beach probate lawyers know about motions to disqualify? When should a motion to disqualify be granted? Under what circumstances should a West Palm Beach lawyer be disqualified? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.
What are some general duties that a Florida trustee MUST do? What should your trust litigator in West Palm Beach know about these duties? If a trustee in Florida fails to fulfill their duties you may have an action for breach of fiduciary duty of the trustee, and be entitled to cash damages.
What is a trust protector? What should West Palm Beach estate lawyers know about trust protectors? Can a trust protector amend an Orlando trust? When are trust protectors present in trust lawsuits? A “trust protector” acts to restrain and guide a trustee of a trust in its administration. How do trust protectors change trust litigation and trust administration in West Palm Beach?
If you ask any estate litigation attorney, they will tell you that Florida probate court judges focus repeatedly on one thing: the intent of the decedent. What was the intent of the person who died, and how was that intent expressed in their Palm Beach or Delray Beach will? What if the intent of the decedent is not clear in the Florida will? Can evidence be used to prove what the testator, or person who wrote the will, wanted? Can the Palm Beach estate planning attorney who drafted the will testify in probate court? Can your estate or trust lawyer depose the witnesses who watched the testator sign his or her will?
Is changing your estate plan appropriate? Did your sibling unduly influence your parents to change their estate plan? Do you need a probate litigator? A brother sues his sisters in a June 6, 2017 opinion from the Court of Appeals of Georgia, Slosberg v. Giller. This case, although it is not a Florida probate case, is a great example of a trust and estates lawsuit involving undue influence, sibling rivalry, and an aggressive family dispute. It shows just how quickly loved ones can turn against each other when money comes into play.