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Palm Beach Probate Litigation: When Does the Right to Inherit Vest?

Uncategorized Oct 25, 2018
post about Palm Beach Probate Litigation: When Does the Right to Inherit Vest?

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.

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Florida Surviving Spouse Inheritance Rights: What is the Surviving Spouse’s Share of the Decedent’s Palm Beach Estate?

Uncategorized Oct 24, 2018
post about Florida Surviving Spouse Inheritance Rights: What is the Surviving Spouse’s Share of the Decedent’s Palm Beach Estate?

What is Florida Statute 732.102? What should Florida probate attorneys handling West Palm Beach estate litigation know about this statute? Do you have to be legally married to the decedent at the time of his death to be deemed the surviving spouse? Is a surviving spouse in Florida entitled to his or her deceased spouse’s property? If you believe you are entitled, as a surviving spouse, to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.

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Florida Surviving Spouse Inheritance Rights: What do Surviving Spouses Inherit in Florida?

Uncategorized Oct 18, 2018
post about Florida Surviving Spouse Inheritance Rights: What do Surviving Spouses Inherit in Florida?

If my husband dies, am I entitled to any of his Florida property or money? Can my wife leave her Florida home to someone else in her will or trust? Does a surviving spouse have rights according to Florida probate law? Can my husband leave me and our minor children nothing? What rights do I have as a spouse in Florida? How do I prove that I am the surviving spouse of the decedent? What if I am recognized as married to the decedent  in a foreign country but not here in Florida? If you believe you are entitled as a surviving spouse to a Florida estate, you may want to read a March 2017 Second DCA opinion, Cohen v. Shushan. You should especially read this opinion if the marriage between you and the decedent is only recognized in a foreign country.

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Palm Beach Estate Planning: Can my Incompetent Dad Change His Will?

Uncategorized Oct 3, 2018
post about Palm Beach Estate Planning: Can my Incompetent Dad Change His Will?

Do you have a parent who is diagnosed with dementia or Alzheimer’s?  If my mom or dad is deemed incompetent by a West Palm Beach guardianship court, and then changes his or her will, is the change to the will valid? Who can write a valid will according to Florida law? When is a will valid vs. invalid?  What is “testamentary capacity”? When do I need a West Palm Beach probate  lawyer? 

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Can Nieces and Nephews Inherit From a Florida Probate?

Sep 10, 2018

Extended family members can inherit from a Florida Probate but as always, it depends on the circumstances. If there is no will, the issue becomes murky but regardless being able to provide a clear family tree is important. Do nieces and nephews inherit from a Florida probate? Hello my name is John Pankauski. The lawyers and appellate attorneys in our firm handle matters throughout the State of Florida and we limit our practice to four areas. Estates and Probate, Trusts, Guardianships and Business transactions. If you’re involved in litigation in the State of Florida call us for a free consultation. Now, can nieces or nephews inherit in the State of Florida. Yes you can. The question gets a little more complicated if somebody dies without a will. In that case, family members and so-called heirs inherit but it’s not always clear who does. You need a family tree. Particularly if someone doesn’t have a spouse or descendants, like children and grandchildren. Then we have to ask whether the decedent the dead person had parents or siblings and if they had siblings there’s an anti-lapse statute that says if a sibling predeceased the person who just died, their children may inherit nieces and nephews. So if you’re a niece or a nephew and a rich aunt or rich uncle just died in Florida make sure you talk to an experienced probate litigation attorney. Not just somebody who handles probates or estates but somebody who’s used to fighting hard, advocating, knows evidence, […]

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