Search Results: heirs

Is someone you know the victim of civil theft in Florida? Have funds been embezzled from a Florida trust or bank account? Many times, heirs and family members want to know what happened to their inheritance. Understanding your rights to your inheritance is important. Here’s more information about this unique legal remedy. It is SERIOUS stuff. Do you have the stomach to handle it? Civil Theft Florida — can you handle the risk? Florida law says if you commit a crime, you can be sued civilly ! Are you ready to collect and exercise your rights? Now, the this law comes with risks + rewards Like all litigation matters, no one– I mean NO ONE– has a crystal ball Would you risk being assessed with attorneys fees if you lose? One such remedy is an action for civil theft Florida when funds have been stolen Can you use this in West Palm Beach probate court? When a trustee comingles or pilfers funds, is that civil theft? For more information, why don’t you start with the law: Florida Statutes 772.11 What about when the personal representative takes funds that she is not entitled to? Recent Case + 1 Law OK, so you want to read more about this law? This “right of recovery?” You can read this 3rd District Court of Appeal opinion in the case of Bailey v. Covington. This is an April 7, 2021 opinion. So, it’s recent and pertinent. Is your probate lawyer up on this? And the statute, or law, you already know about. Because […]

Do you know how to file an objection to an Orlando will? Do you know how to object to a Florida probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

When does the right to inherit vest?  Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. If you are carrying the unborn child of the decedent, you should definitely read Florida Statute 732.106.

Have you read the term “pretermitted children” in a Florida will? What is a pretermitted heir? When do pretermitted children inherit? What should Florida probate lawyers know about pretermitted children and your Florida probate matter? You may want to read Florida Statute 732.302.

Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question.  Often, they question last minute changes to an estate plan.   Florida probate fraud may also exist if a fiduciary intentionally hides information.  What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud.  Here is a FREE VIDEO on undue influence & probate fraud.  What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]

If you’re an adopted child, do you still have a claim against the estate of a natural parent? Florida inheritance lawsuits, the inheritance of an adopted child. If you’re an adopted child and your natural or original parent, mom or dad pass away, do you the adopted child inherit from your natural parent, the mother or father who actually gave birth to you was responsible for your birth. Read the

Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration?

Did your mother or father die in Florida with a house, or a homestead? If you live out of state, not in Florida, you’re probably wondering how you inherit your father or mother’s house. Inheriting your parents residence, what they call Florida homestead, is an interesting issue in the law.

Have you been named the personal representative in a Florida will? Have you been appointed the personal representative or executor of a Florida estate by a probate judge? What should you know about being a personal representative in Florida? Did you know that the personal representatives has duties that must be met? Do you know who you need to serve with the petition for administration? You should read Florida Probate Code section 733.212.

Do you know how to file an objection to a West Palm Beach trust or will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.