Search Results: guardianship

In what has become a recurring    #estate dispute,    the #widow of a deceased man is suing his estate in an     #inheritance lawsuit — over an inheritance and a prenup. This    #probate lawsuit    pits a California #widow, and #stepmother, against her second husband’s son, or her #stepson, who is the #estate administrator and the   #executor   of his father’s will.   A #probate lawsuit over a #$12 million state. In this California #probate lawsuit, whose opinion was issued literally days ago, the second wife wants a share of a rich doctor’s $12 million estate — after being married to him for five years, and waiving her rights to his estate in a valid prenup. #WIDOW VERSUS #ESTATE, STEPMOTHER VS. STEPSON Two people met in China, after which She moved to Pennsylvania to be with him. They were married in 2006. He was a doctor who had lost his wife in 2000 and had two children. She had also lost her spouse when she married the doctor. He was 77, she was 60 He died in 2011 after a massive heart attack #PRENUP SIGNED AFTER #WIDOW SPEAKS WITH LAWYER — ON THE DAY OF THE WEDDING !! On the day of the wedding, the doctor told her to speak with an attorney: The doctor chose the attorney for her The doctor paid for this attorney She spent over an hour with this lawyer Who spoke in her native language. She had the opportunity to ask the lawyer questions about the prenup Her meeting lasted […]

This recent New York #probate case is a good example of why we should review our #wills and trusts, and our #estate plan, each year – – – and, certainly after any major event like a #divorce.

In a very recent Michigan trust case, one brother sued brother as a trustee over #trust money.

This is a very recent #estate litigation case from Arizona where the #estate beneficiary sued a #probate court-appointed #estate administrator over #attorneys fees and #estate accountings. The #probate court found in favor of the #estate administrator.

A very recent #trust lawsuit, whose opinion was just released, literally days ago, has facts that could make for a bestseller or a Hollywood movie:

If a trust  beneficiary owes you  money, can you get that beneficiary’s trust interest from a trustee to pay you? Q:  Can you make a trust or a trustee pay you the money that a trust beneficiary owes you?

Involved in a trust lawsuit  ? Trust litigation has begun and you have an interest in the trust as either a trust beneficiary or other interested person to the trust. Should you get into the fight? Is the trust property worth fighting over?

$22 Million dollar trust ?  Now that’s a trust ! Is this a case of show me the money? Or, merely, why am I not getting more trust money?

SISTER CREATES #FLORIDA REVOCABLE TRUST WHILE DAD IS IN COMA This #trust lawsuit in #Miami probate court involves a #guardianship case of three adult siblings who sued their sister. The sister is the #Florida trustee, and also a #Florida trust beneficiary, of a #Florida Revocable Trust.

WHY PEOPLE HATE LAWYERS? Why do people hate lawyers? Lawyers are sometimes accused of stalling, and getting continuances in court all the time. #GUARDIANSHIP GONE WRONG This recent case is a sad, and shocking, case involving a court-appointed #guardian who # mis-used guardianship funds. #GUARDIAN’S DUTIES A guardian is appointed to look out for, and protect, the best interests of somebody who cannot protect themselves.  In Florida, we have an entire chapter of the #Florida probate code devoted to #guardianship law. Minors need #Florida guardians to look out for their property interests #incompetent persons, and those who are #incapacitated, who suffer from progressive #dementia, need #Florida guardians to protect their person and their property This is a good case which reminds us of the #fiduciary duties which a #guardian owes to the person he or she is serving: A #guardian is a #fiduciary with #fiduciary obligations a #guardian must act in the #best interests of the person you have agreed to serve a #guardian must look out for and protect that person DON’T MIS-SPEND MONEY !   a #guardian must spend that person’s money only for the benefit of that person they are protecting DON’T MISUSE MONEY !   a guardian may not #misuse guardianship money or #misspend guardianship money a guardian must provide a #guardianship accounting a guardian must avoid #conflicts of interest and #self-dealing IMPROPER GUARDIANSHIP “LOANS” AND FAILURE TO ACCOUNT In this recent case, the #guardian failed to provide accountings from 2008. The Guardian was ordered to provide an […]