Did your mother or father die in Florida, owning a bank account, a small house, or condo? Perhaps, you live out of state, not in Florida, and you’re wondering where your inheritance is. I can’t tell you how many calls we get from out of state adult children, who have just lost a parent who lived in Florida.
Many people get divorced, many people enter into marital settlement agreements, and a lot of people do not like their lawyers. What happens when the world of family law ,or marital settlement agreements, comes into the same world as legal malpractice? You should read Miller v. Finizio, an August 23,2017 Fourth DCA opinion.
Increasingly, for good or for ill, guardianship litigation is exploding in West Palm Beach, Orlando and throughout the entire state of Florida. Families are going to the probate court and creating a guardianship for their mom or dad, or some loved one or neighbor, who is not able to care for themselves. What do you need to know about guardianships in Florida and what are 5 things you should really consider before filing for one?
How do you interpret a will in Florida? What does the Palm Beach judge look for when interpreting a will? Why is the intent of the decedent so important? What was the intent of the person who passed away, and how was that intent expressed in their Florida will? What happens if the decedent did not clearly state his intent in his Florida will?
Is a Palm Beach estate an entity that can be a party to litigation? What happens if you file a lawsuit against a Florida estate itself? If you want to sue your mother’s estate, who do you file the lawsuit against? Probate litigators in Florida know that West Palm Beach estates do not have legal capacity to sue or be sued. A March 8,2017 Second DCA opinion, Spradley v. Spradley, discusses this issue.
The Florida Electronic Wills Act was just vetoed by Governor Scott. This means that, for now, there will be no electronic wills in Florida. However, do you have a regular, written will? Does your will have ink signatures and witnesses? Does it have a self proving affidavit? Do you have a revocable trust?
What are inheritance taxes? What is the federal exempt amount? If I inherit a million dollars from my grandfather in Orlando, will I have to pay estate tax? Does Florida have an estate tax? Orlando trust and estates 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.
On August 22, 2018, Variety reports that Aretha Franklin died without a will. She died in her home in Detroit and the cause of death was cancer. Why does it matter that Franklin died without a will? Who will inherit from her estate? What should her probate lawyers be doing to insure that Franklin’s rightful heirs inherit? Probate lawyers throughout the country know that these are all good questions.
On August 16, 2018, CNN reported that renowned singer Aretha Franklin had passed away. She was 76 years old, and she passed away at her home in Detroit. The cause of death is reported to be cancer. Who will inherit from her estate? Who are her heirs? Did she die with or without a will? Are her assets in a trust? What is in her estate? These are all questions that probate lawyers around the country want to get answers to.
On August 16, 2018, CNN reported that renowned singer Aretha Franklin had passed away. She was 76 years old, and she passed away at her home in Detroit. The cause of death is reported to be cancer. Did she have a will or a proper estate plan in place? Which probate litigation or estate law firm will handle the probate process for her estate? Who will inherit from her estate? Because Franklin did not die in Florida, her estate will probably not be handled by a Florida probate lawyer. Instead, Detroit estate attorneys will be hired to get the beneficiaries of her estate their inheritances.