Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters.
What is undue influence? What does undue influence have to do with probate lawsuits in Florida? Do you believe that your mother or father was unduly influenced to change his or her will? When should you hire a probate lawyer to assist you with an undue influence dispute? What should you do if you suspect that someone has been unduly influenced to change his or her estate plans? You may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum.
Are you debating on whether or not your elderly mom needs a guardian appointed? Is your elderly dad unable to properly care for himself? Does your relative have Alzheimer’s or dementia? Do you suspect that your grandmother’s power of attorney (POA) is taking advantage of her? Are you worried that a caretaker or neighbor will steal money from your elderly, vulnerable parents?
Unfortunately, probate litigators and guardianship attorneys are seeing more and more litigation involving elderly people being taken advantage of by caretakers, power of attorneys, family members, etc. These cases often involve a POA who does not act in the best interest of the person under his or her care. Did you know that financial exploitation of the elderly is also a crime? A recent Fourth DCA opinion, Johnson v. State of Florida, discusses a case where a woman takes advantage of her elderly neighbor.
Frequently, financial exploitation of the elderly cases involve someone abusing or misusing a power of attorney (POA). For example, we often see caretakers or greedy family members taking advantage of an elderly person by unduly influencing the elderly person to make them his or her POA. Once the POA is obtained, the caretaker or family member uses the POA to withdraw funds from the elderly person’s account ,or uses the POA to change the beneficiaries on the elderly person’s bank accounts. If you are looking to learn more about POA misuse and financial exploitation in Florida, you should read a recent Fourth DCA opinion, Johnson v. State of Florida.
What is an Orlando guardianship? Can a Palm Beach guardianship help to protect my mother who has dementia? Should I immediately file for a guardianship in Florida if I believe my mom can’t care for herself anymore? Guardianship lawyers know that guardianships are not the only means of helping an incapacitated person in the State of Florida. In fact, Florida guardianship law actually requires the use of the least restrictive alternative to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. What does this mean? What is an acceptable less restrictive alternative to a guardianship?
Pursuant to Florida law, what is declaratory relief in a trust and estate lawsuit? How can you win a declaratory judgment in a West Palm Beach probate matter? How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?
When can you freeze an account or get an injunction over financial assets? Are you involved in probate litigation involving estates, Orlando inheritances and/or trusts? Has a trustee, or someone who had access to someone’s money, misused a power of attorney or improperly taken money?
When can you freeze an account or get an injunction over financial assets? Are you involved in probate litigation involving estates, Palm Beach inheritances and/or trusts? Has a trustee, or someone who had access to someone’s money, misused a power of attorney or improperly taken money?
Do you believe that one of your parents was a victim of probate fraud involving undue influence in Florida? What is probate fraud in Florida probate litigation? What should probate litigators in West Palm Beach know about probate fraud and undue influence? Is undue influence an example of probate fraud? When should you call a West Palm Beach trust and estates lawyer?