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?
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.