Are you involved in a Palm Beach probate ? Has your spouse or sibling just passed away? What type of lawyer should you hire? When do you need a probate litigator? How do you choose the perfect trust and estates lawyer for a trust dispute or a will contest? Picking the right lawyer is obviously a very important task. You want the best of the best so that you are satisfied with the results. Furthermore, you need someone you can trust.
No one will dispute the fact that a probate lawsuit in West Palm Beach can get heated. By their very nature, inheritance lawsuits are usually family feuds disguised through litigation. As John Pankauski states in his book Probate Litigation: Top 10 Probate Mistakes Revealed, “your family is going to fight over your wealth: when you’re gone and- perhaps- while you’re still alive.” A January 4, 2017 Fourth District Court of Appeal(DCA) opinion discusses an injunction for stalking that stemmed from a dispute over a Florida will. This shows just how heated family members can get when it comes to their inheritances!
People frequently challenge wills in Florida. A probate litigation attorney is able to determine whether or not a will contest is worth pursuing. Often, relatives of decedents are concerned about testamentary capacity or undue influence. Sometimes, there can even be suspicion about probate fraud. Have you heard about the recent case in Arkansas where a woman is being accused of faking a will that allowed her daughter to inherit $1.7 million?
There are a lot of Florida Trust Lawsuits ! What is a fiduciary duty? A fiduciary duty is the obligation to place someone else’s interests completely above one’s own interests. Usually, the fiduciary carries out this duty by faithfully and diligently managing or handling another person’s affairs. Is the trustee of a Florida trust , or the personal representative of a Palm Beach estate, subject to a fiduciary duty in favor of the beneficiaries? Yes! To read a FREE BLOG on Trust Contests, CLICK HERE. If you are involved in trust litigation, you may want to read Turkish v. Brody.
As we know, on April 21,2016, Prince passed away without a will. This means that he died intestate. Therefore, his fortune will be inherited by his heirs. Who are his heirs? There have been many inheritance disputes already regarding his massive estate. His estate’s probate lawyers have had to deal with multiple people claiming to be his children, for example. In addition, it seems that more and more valuables of Prince’s are being discovered. CNBC reports on January 7,2017 that 67 gold bars have been discovered and listed as part of Prince’s estate.
The media reports that Muhammad Ali’s estate has been finalized. Muhammad Ali’s estate will be distributed according to his will. According to the Daily Mail, each of his NINE children will receive $6 million and his widow, Lonnie, will receive the rest. Supposedly, his children were upset that their step mom was receiving more money than them. However, Ali’s eldest daughter claims that there was never an inheritance dispute. Probate litigators know that inheritance disputes frequently arise between children and their parent’s second, third, or, in this case, FOURTH spouse. However, a good estate plan can, when prepared by a Florida estate planning lawyer, help to make sure that your fortune is inherited by the people you intend it to go to.
Are you involved in a Florida trust and estates lawsuit? Has your sister been appointed the trustee of your mother’s Palm Beach trust? Is she not doing a good job as trustee? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? You may want to read a November 5th, 2014 opinion from West Palm Beach’s appeals court, Florida’s 4th District Court of Appeal.
On January 3,2017, USA Today wrote about a contract that contained a “no cheating” provision. John Scott and Tina Hemingway, a couple living in Indiana, had been dating for eight years when Scott decided to add Hemingway’s name to property that he inherited. However, before adding her name to the property, Hemingway signed a contract that stated that cheating could not occur. If Hemingway cheated on Scott, she would lose her rights to the property. A few months after the contract was signed, Hemingway cheated on Scott. In fact, she became pregnant with another man’s child! The contract was handwritten and signed. Is a condition like this one allowed in a contract? Can you include conditional clauses in Florida trusts and wills?
It is estimated that George Michael’s estate is worth $125 million.The media reports that his estate will most likely continue to make millions due to the popularity of his music. Probate lawyers and trust litigators know that when dealing with such a large estate, complications and family disputes can arise. Who will inherit his fortune? Who are his heirs? Did he have a will?
The Daily Mail and the New York Post report that Carrie Fisher, at the time of her death, had a three film-contract with Disney. Fisher was best known for her role in the original Star Wars as Princess Leia and had recently been contracted by Disney to complete more Star Wars episodes. Although one movie was completed, she had not fulfilled her contract with Disney in its’ entirety before she died.