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?
Want more information about your mom or dad’s Florida probate proceeding? Has a probate even been opened for your mom or dad’s estate? What about your inheritance? How can you find out about your inheritance? How do you determine if you even inherit from a decedent?
Who can open an estate in Florida? Who can begin the probate process when someone passes away in West Palm Beach or Orlando? Who can begin the estate administration process? If my mom dies, can I open up a probate for her Palm Beach estate?
On September 17, 2018 , the SunSentinel reported about an elderly man who was taken advantage of by a financial adviser at a local bank. Unfortunately, financial exploitation of the elderly has become a big issue throughout Florida. West Palm Beach guardianship lawyers frequently receive calls from concerned family members regarding their elderly relative being financially abused. Do you know what financial exploitation is? How can you protect your beloved mom or dad from being financially exploited? What should you do if you believe your elderly relative is being financially exploited? How can an experienced Florida guardianship lawyer assist you?
When do I have to pay federal estate taxes? What are inheritance taxes? What is the federal exempt amount? If I inherit a million dollars from my grandmother, will I have to pay estate tax? Does Florida have an estate tax? West Palm Beach probate lawyers know that Florida does not have independent estate or inheritance taxes. However, you should ask your estate planning attorney whether you will still have to pay federal taxes.
West Palm Beach trust lawyers know that, in probate trials, witness testimony and video evidence can be very important. But what happens if the witness testimony contradicts what a video shows? Can a Florida probate judge choose to believe the witness over a video that literally shows opposite facts? What if a witness testifies that a decedent did not sign her own will, while a video shows that the decedent, in fact, DID sign her will? What if a Florida notary states that she witnessed the decedent signing a deed, when a video shows that the decedent’s sister forged the decedent’s signature on the deed? You may want to read a January 31, 2017 opinion from The Supreme Court of Florida, Wiggins v. Florida Department of Highway Safety and Motor Vehicles. Although this is not a Palm Beach probate or Florida trust case, it is a very important opinion, as probate litigators frequently rely on both witness testimony and video evidence.