According to Florida law, what is a pretermitted spouse? What should probate litigators in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.
What happens if someone is missing? Can you probate a missing person’s estate? What happens if you hear someone died but no one has any clue where they are? What should Palm Beach trust and estates lawyers know about inheriting from a missing person? What if you are an heir at law or a beneficiary in a Florida will? How do you know if you inherit from a missing person?
Is your estate plan up to date? Do you own property in another country outside of the United States? For example, do you own vacation property in the Caribbean, or a hotel in the Dominican?
A recent case from the Fourth District Court of Appeal (DCA) discusses the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state that is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.It is important for people involved in Palm Beach trust lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, are actually trials before the trial. These trials before the trial require limited discovery, witnesses, documents, and evidence . Probate attorneys know that a motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic, legal, and financial reasons.
When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.
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.