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.
An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.
If I am appointed as the executor or personal representative of a Florida will, when do I have to begin work? What if I don’t want to be the personal representative of a Palm Beach estate? Do I have a duty, as nominated personal representative of a Florida estate, to prevent harm caused by the estate? Am I the official personal representative if I have not yet been appointed by a Florida probate court? A February 21, 2017 First District Court of Appeal opinion discusses this issue and a Milton, Florida estate.
What does murder have to do with Florida trust and estates litigation? Under Florida probate law, how can murder affect a person’s inheritance? A Florida probate lawyer can tell you that Florida statutes section 732.802, also known as the Slayer Statute, bars a convicted murderer from benefitting under a will of the decedent that he or she murdered. This makes sense. Why should a person who kills another person be able to inherit from the victim’s estate? Wouldn’t that, perhaps, tempt greedy beneficiaries to commit murder?
In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees.
Are you involved in a West Palm Beach guardianship? Are you facing a guardianship hearing in Orlando? Do you need an experienced Palm Beach litigation lawyer? Has your right to contract been taken away from you in a guardianship proceeding? If you are facing an incapacity proceeding, but have not yet been determined to be incompetent, can you hire your own Florida lawyer? You may want to read a recent First DCA opinion, Campbell v. Campbell.
Are you involved in a Florida probate or guardianship lawsuit? Has a relative recently passed away in Fort Lauderdale or Boca Raton? Are you in the process of interviewing Florida trust and estates law firms? Have the Palm Beach law firms you’ve interviewed asked you for the name of the parties involved so that they can conduct a conflict check? How can conducting a conflict check before speaking with prospective clients help estate lawyers avoid disqualification?
What is a curator? Why would I need a Florida curator involved with my probate matter? What is Florida Probate Rule 5.122? What should West Palm Beach trust lawyers know about curators? When is a curator necessary? What should I do if a petition for appointment of a curator is filed? Should by Florida probate attorney file a petition for the appointment of a curator? Does a probate judge appoint a curator?
Do you have a parent who is diagnosed with dementia or Alzheimer’s? If my mom or dad is deemed incompetent by a West Palm Beach guardianship court, and then changes his or her will, is the change to the will valid? Who can write a valid will according to Florida law? When is a will valid vs. invalid? What is “testamentary capacity”? When do I need a West Palm Beach probate lawyer?
Is the Florida estate lawyer getting paid more than they should? How much should the estate lawyer, or the probate litigator representing the personal representative, be compensated? According to Florida law, what are reasonable fees for the estate lawyer to obtain?