Palm Beach County, Florida & California have more in common than just great sunsets: each state has lots of probate litigation. Family suing family when a mother or father die. This recent October 9, 2014 California probate lawsuit was just affirmed on appeal. If you are involved in suing a brother or brother in law over mom’s estate, and think there are issues of undue influence or breach of fiduciary duty for the way the estate was handled, you may want to read this case.
If you are involved in a Palm Beach guardianship, you may have questions. After all, when most people think of a guardianship, they may think of minor children. Not so, as most guardianship lawyers Palm Beach will tell you. Florida Guardianship Law, or what some estate lawyers refer to as “elder law” is a robust, almost sub-speciality in Palm Beach probate circles.
Florida Probate Law has a brand new statute on Powers of Attorney.Guardianships and Palm Beach guardianship litigation is, perhaps sadly, an explosive, growing area of the law, with Probate Courts in Palm Beach Gardens, West Palm Beach and Delray Beach inundated with petitions for guardianships. And we are not talking about guardians of minors, we are talking about guardianships of adults, like your mom from Boca Raton or your dad who retired and is living in Lake Worth.
Many family members and heirs who got cut out of a will or dis-inherited ask Florida estate attorneys from Palm Beach Gardens to Delray Beach about undue influence.
Some say that Florida is a scam capital of the country, with huksters and scammers trying to take the shirt off your back. Financial exploitation? It’s a problem, particularly for our senior population which becomes more vulnerable as they age, perhaps lose a spouse or life partner and become more vulnerable. Here are 5 Common Forms of Financial Exploitation that Florida probate lawyers see here in Palm Beach County probate cases.
Most probate attorneys in Florida are familiar with financial exploitation and elder abuse. Sometimes, as we age, we slow down and are more susceptible to the advances of wrong doers. Sometimes, if dementia or Alzheimer’s kicks in, our mental capacity can diminish quickly if not treated.
Who’s watching the money ? Probate attorneys in Florida many times are called by family members, concerned with an elderly parent or uncle or aunt…..and whether they are being financially exploited. Here are 5 frequently asked questions about financial exploitation and elder abuse which Florida estate attorneys are often called upon to explain.
The south Florida publication that blew the lid on PED’s and Alex Rodriquez has brought to you more investigative news: this time concerning Miami guardianships. When a guardianship is created in Palm Beach, Ft. Lauderdale or Miami’s probate courts for an adult, the court appointed guardian is given great power & authority. The Florida guardian = fiduciary who is charged with protecting the rights of the person who needs assistance. Take a look at some characteristics of Palm Beach guardianships which you may not have known about; and consider reading The New Times article on guardianships, whose link is at the end of this Palm Beach probate commentary.
Sex, lies and videotape in this Michigan probate litigation case decided a few days ago? Not really: there is sex between a wealthy man and his former lover and employee. No videotapes that I read about. Lots of $$$: a $200,000 check, a Comerica brokerage account, checking accounts…..But there are allegations and findings of fraud by the former girlfriend and concealing of assets, which smacks of lies.
Do you think your attorney’s wife should inherit your whole estate? What if you are a family member or an heir? What if you learned that your aunt left all her money, her CDs, her checking account, her mutual funds, and her IRAs, to ………… the wife of her estate planning attorney? Here is a very recent case out of the Midwest, just decided within the last few weeks.