Have you ever heard the term “widow lawyer”? Are you a widow who needs help claiming an elective share? Has your husband or wife recently passed away in Florida? What are your rights as a widow? How can a West Palm Beach probate lawyer help you to obtain an inheritance?
For the testamentary aspects of a revocable trust to be valid, what formalities are required? What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills and trusts need to be in writing? Do Florida wills and trusts need to be witnessed and signed? Does a Palm Beach will or trust need to be notarized? Florida Statute 732.502 lists the requirements that must be followed in order to properly execute a will in Florida. How is this relevant to a revocable trust? You may want to read a recent Second DCA opinion Kelly v. Lindenau.
If I am diagnosed with dementia or Alzheimer’s, can I still write a valid will? If I am deemed incompetent by a Florida guardianship court, and then write a will, is the will valid? Who can write a will according to Florida law? When is a will valid vs. invalid? What is “testamentary capacity”? When do I need a West Palm Beach estate planning lawyer?
Who can write a will in Florida? When is a will valid vs. invalid? Can a person diagnosed with dementia write a valid will? What is “testamentary capacity”? When do I need a probate lawyer to contest a will?
How can two people read a trust document and believe it says completely different things? It happens all the time! Florida trust beneficiaries can interpret the trust document one way, while other beneficiaries, or the trustee, interpret it another way. This can happen even in the face of so-called “clear” trust language. When this happens, a way to resolve the difference is to file a declaratory judgment action and ask a judge to read the trust document and tell everyone what it says. If the trust document is clear and un-ambiguous, the court may be able to rule without the necessity of a trial.
Florida probate and guardianship lawyers frequently encounter cases involving people with dementia. Family members sometimes file incapacity proceedings in an attempt to help a person who is no longer able to care for themselves. These proceedings are called guardianships. Do guardianships guarantee that your your elderly parent or friend, who suffers from dementia, will not become the victim of financial exploitation?
Can a Ward get married? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
What is a Florida guardianship? When is a guardianship necessary? Can a Palm Beach guardianship help to protect my mother who has dementia? Guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida guardianship law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Can a Palm Beach will or trust be voided based on undue influence? What is undue influence in Florida probate litigation? What factors do the courts consider on the issue of undue influence or active procurement?
Does a surviving spouse in Orlando have rights when it comes to inheritance? Can my wife give her house to someone else in her Florida will? Can my husband leave me and our minor children nothing? What are spousal rights in Orlando trust and estates litigation? Can my spouse of many years leave all of his money to his children from a prior marriage? If I am a surviving spouse, should I hire a Florida probate litigation lawyer? What am I entitled to?