What do Florida trust and estates lawyers need to know about adoption? What do Delray Beach estate planning attorneys need to know about adoption? In Florida, do adopted children inherit from the parents who adopted them? What about foster children? Do foster children in Florida have the same rights as adopted children? If I am adopted, can I still inherit from my biological father? If I’m adopted do I get to inherit from both my natural parents and my adoptive parents? A January 4, 2017  Court of Appeals of Texas opinion discusses adoption and a trust.

What does dying without a will mean in Florida? In Palm Beach, if you die without a will, you are dying intestate. This means that your wealth will pass to your heirs. Who are heirs according to Florida intestacy laws? If you have a spouse and children, they will probably inherit. But what if you do NOT have children or a spouse?

What do litigators in West Palm Beach need to know about the doctrine of res judicata? How can res judicata help you in your probate litigation matter? When can res judicata be applied? What claims can be barred through res judicata? You may want to check out this recent Second District Court of Appeal(DCA) case to learn more. 

On February 26, 2017, The Daily Mail reported about the murder of Helen Bailey, a successful children’s author. Her fiancé, Ian Stewart, murdered her for her fortune. Now that he was caught and sentenced, he will not inherit anything, regardless of the fact that she left him a substantial share in her will. This is because of a Slayer Statute. However, his son’s will still inherit.

Is the estate vicariously liable for damages, when the daughter of the decedent crashes the decedent’s car, if there is no personal representative appointed yet? What is Florida’s dangerous instrumentality doctrine? What should Palm Beach trust and estates litigators and probate lawyers know about this doctrine? What does it have to do with Florida probate litigation? A February 21, 2017 First District Court of Appeal opinion discusses this doctrine and a Milton, Florida estate.

In Florida probate court, familial relations matter.  Who has standing to participate in a guardianship hearing? Does the next of kin of the Ward have standing to participate? A recent guardianship opinion from the Fourth District Court of Appeal discusses standing and a son’s participation in a guardianship hearing regarding attorney’s fees.

Has your mother or father recently passed away and left behind a house in Florida? Do you need help administering a Florida estate? How do you get your West Palm Beach inheritance that your father left you? What should you know beginning the probate process in Florida?

As John Pankauski, managing partner at Pankauski Hauser, always says….your family is going to fight over your wealth when you’re gone and, perhaps, even while you’re still alive.  A recent article by the New York Post discusses a family dispute involving a mother, her child, and her child’s inheritance. Here, the daughter sues her own mother who allegedly used $13 million of the daughter’s inheritance to buy herself a mansion and other luxurious things.

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.

On February 16, 2017, the Supreme Court of Florida reviewed the Fifth DCA’s opinion in LeDoux-Nottingham v. Downs, 163 So. 3d 560 (Fla. 5th DCA 2015). The Fifth DCA held that “under the Full Faith and Credit Clause [of the United States Constitution], trial courts in Florida are required, without discretion, to give recognition to final judgments of another state when applicable.” The Supreme Court of Florida upheld this decision.