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.

What is financial exploitation in Florida probate or guardianship litigation?Are your parents being financially exploited? How do you know? How can you protect your loved ones from financial elderly abuse? Can a Florida guardianship keep my grandmother safe? When should I hire a guardianship lawyer?

If you are involved in an inheritance, or a Florida estate or probate, you may be wondering who gets to run the estate?  After all, there is a lot of responsibility for someone to find assets, safeguard them, secure money of the decedent, protect real estate, and Florida homestead.  Then, you have to pay the deceased person’s last bills, taxes, and invoices.  So, who gets to run the estate, and can anyone apply to be the Personal Representative or executor of the probate or estate?

What rights do beneficiaries of a Palm Beach trust have? What is the right to have your trustee administer the trust prudently? What is Florida Statute 736.0804?

Can I recover appellate attorneys fees? What is an offer of judgment? When is a proposal of settlement compliant with Florida Rule of Civil Procedure 1.442?

 Can you set aside a Florida will and win your will contest by means other than lack of capacity and undue influence?  A 2011 probate appeal from Florida’s 4th District Court of Appeal reminds us about the legal concept of insane delusion which is hardly employed by Florida estate lawyers and probate litigators.