On Presidential Election Day, the right to vote is an important one. However, certain people may find themselves being denied at the polls. What is a Palm Beach Guardianship? What rights can the Florida guardianship court take away from me? Can I get my right to vote back if it has been taken away in a guardianship matter? How can a Florida probate litigator help me? When is a competency hearing necessary?
Legal scholars tracked, closely, the Rolling Stone defamation lawsuit which was before a jury in federal court.The magazine Rolling Stone, and a writer, were sued for defamation regarding a story published about rape at the University of Virginia. The New York Times: “A federal jury on Monday ordered Rolling Stone and one of its writers to pay $3 million in damages to a University of Virginia administrator over a discredited article two years ago about a supposed gang rape at the university.”
Everyone now knows that Prince died intestate or without a will. According to a recent New York Times article, Prince also died without leaving any instructions for how his music should be managed. How will his estate decide who will get rights to Prince’s legendary songs? Who will insure that rights to Prince’s songs are properly paid for? How will his songs continue to make money now that he is deceased? The New York Times, on November 2, 2016, reported that, in June, two seasoned music executives were appointed by Prince’s estate to manage his music.
Everyone knows that Prince died unexpectedly and without a will. Therefore, intestacy laws are governing who inherits his estate. Prince also died without leaving any instructions for how his music should be managed. Who will get rights to Prince’s famous songs? Who will decide what companies can use his music in their commercials or parties? How will his songs continue to make money now that he is deceased? The New York Times, on November 2, 2016, reported that the first major deal regarding Prince’s music has been made.
On October 24,2016 Florida Supreme Court Chief Justice Jorge Labarga released information about a Supreme Court Workgroup. This Workgroup will focus on guardianship issues in Florida’s courts. People are living longer and longer. Therefore, guardianship litigation in Florida is booming! As guardianships ” are increasing in number and complexity” a workgroup to study guardianships seems necessary.
Your family is going to fight over your wealth when you’re gone and, perhaps, even while you’re still alive. There are often some unintended consequences to your wealth after you die. Most, perhaps, are unintentional. There are also some, most likely unintended, consequences to your loved ones, such as your last spouse. A recent article by The Telegraph discusses an ‘inheritance promise’ that a father gave his son. His son sues his own mother because of the promise and the mother is now facing eviction from the home she has lived in since 1959!
Was your case dismissed in Florida probate court without you knowing? This may be grounds for an appeal. You have a right to due process which may include the right to a hearing. Want to appeal a dismissal without due process? Check out this recent case and talk to a Florida probate lawyer about your rights on appeal before it is too late!
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? You may want to read a recent Third District Court of Appeal opinion, Hall v. Hall.
Florida’s 3rd District Court of Appeal ruled, October 26, 2016, that the estate planning attorney for a deceased client must testify in an undue influence trial and will contest. The attorney objected to answering questions about his client disinheriting children. The trial court ordered him to testify.
Have you obtained a favorable verdict in probate or civil court? Is the defendant failing to pay the judgment?What tools can you use to collect a judgment in Florida? How do you collect a judgment if the defendant has no money to pay it or refuses to pay? Do you know how to pursue sanctions? You may want to take a look at a Fourth District Court of Appeal case, MYD Marine Distributor Inc. v. International Paint LTD.