Search Results: power of attorney

You just read the will of your late rich aunt from Boca Raton who had a $15 Million Florida estate and you were taken out of the Florida will.  Or, perhaps you used to be in your uncle’s $5 Million Revocable Living Trust when he lived on Jupiter Island, but you just got dis-inherited.  OK, just one more.  You live in Boston and your mother lives in Boynton Beach and you learn that someone with a Power of Attorney just took out all her money from 5 joint bank accountsfor $1.3 Million.  So, you want to sue to get your inheritance back but you can’t afford a probate litigation law firm in West Palm Beach UNLESS they take your probate lawsuit Florida on a contingency fee.  But you know that most probate law firms Palm Beach don’t take Florida probate cases on a contingency fee. So, how do you get an estate litigation law firm Florida to take your estate claim or revocable trust lawsuit on a contingency fee?  If you are looking for a Florida estate litigation law firm to take your case on a probate contingency fee and you are interviewing probate lawyers who actually try cases, and not just go to court, then consider the following tips or steps.  Good luck, because most Florida probate law firmsdon’t want cases on a contingency fee; you need a confident, financially sound probate law firm with a vibrant probate trial or estate litigation department to maybe take your case on […]

Is mother or father getting along in years and maybe, just maybe, slowing down? Perhaps you live in New York or New England or Cleveland or Detroit and mom lives in Boca Raton with a       $4 Million revocable trust.   Or dad retired to Palm Beach Gardens and has a $6 Million brokerage account.  You are worried about your inheritance and, oh yes, we should not forget, you are also worried about the care, safety, protection and well being of your parent who is living in Palm Beach County.  If a guardianship lawsuit is filed, here are 5 things to consider.

An August 11, 2015 Court of Appeals of Washington case reveals the challenges a successor trustee or POA may have in seeking a restraining orderagainst one’s personal assistant or companion.

Is your mom or dad getting along in years in Florida? Is mom or dad a widow maybe living alone in Boca Raton with a few Million Dollars in their revocable living trust?  Worried about your Florida probate inheritance when they pass away?   Should you be concerned if mom or dad has a new caretaker and that caretaker is named in their estate planning documents?   Did mom or dad just take on a full time companion or personal assistant?  How about this…. is that personal assistant or live-in-friend now in their Florida estate plan?  You may want toread this court of appeals case from Washington issued August 11, 2015. 

Are you wondering why your West Palm Beach probate lawyer seems set  on establishing a real estate or special needs trust? Believe it or not more and more people are using trusts to hold theirhomestead real estate and other important assets for their own benefit and the future. If you want to know why check out our quick reference guide to the various benefits of trusts in West Palm Beach.

Here is a case which will make family members, heirs at law and even some probate lawyers Palm Beach cringe. Whether or not you agree with the appellate opinion on this elder abuse case does not matter.  Whether you agree with the State of Florida bringing criminal charges against a man for financial exploitation of an elderly person Florida does not matter.  What you should consider doing is reading the facts of this case, and seeing what happened to a woman from Palm Beach County with a vast financial empire.  On June 24, 2015, Florida’s 4th District Court of Appeal reversed a conviction of a man who was found guilty of financial exploitation of an elderly person or disabled adult Florida.  He wanted to be acquitted, or get a judgment of acquittal, in this criminal case of Palm Beach financial exploitation.  The Palm Beach Appeals court agreed with him and reversed the conviction. But read the facts, which makes people stop, and wonder:  who is watching mom or dad and the money which has taken a lifetime to accumulate? Is anyone watching over and protecting mom or dad, particularly if they get dementia ?

Deciding whether or not to appoint a guardian in West Palm Beach can be  stressful enough. What happens when it is finally time to actually pick a guardian? There are a few options when it comes to selecting a guardian. Did you know that in South Florida you can appoint co-guardians in case multiple siblings are interested in serving? If you are considering petitioning the West Palm Beach court for guardianship you may want to read a recent case out of the Fourth District Court of Appeal.

Financial exploitation and elder exploitation & financial abuse, are, sadly, widespread and common in Florida. Florida has both civil causes of action and criminal laws to deal with those whomis-use powers of attorney, positions of trust and those who convert, conceal and steal money belonging to others. Yes, family members and trustees of mom or dad’s revocable living Florida trust do have legal remedies to recover money if someone steals money with a power of attorney Florida.  And, yes, there are legal lawsuits which can be filed if a badtrustee stole money from the revocable trust Boca Raton.  Also, and this is important: there are guardianship legal proceedings in Florida which can assist family members if a strangeror thief is trying to take control of mom or dad or their money.   But Florida and Palm Beach County are not alone in dealing with financial exploitation and elder abuse. 

When is a second power of attorney invalid and an act of over-reaching or even financial exploitation? This is a question which family members in Florida often ask when there are facts which suggest financial exploitation or elder financial abuse Palm Beach County.   What if a neighbor or non family member has your mom or dad sign a power of attorney in Florida? What if an aunt or uncle is recovering in a rehab facility Delray Beach and then someone has them sign a second power of attorney?  Is that proper?  If someone in Florida uses or mis-uses the Florida POA, they can be charged with crimes, and there are also civil remedies, as well, which family members may be able to file. 

An August 26, 2015 Palm Beach guardianship appeal deals with a Ft. Lauderdale guardianship which made its way to Florida’s 4th District Court of Appeal, which hears probate & guardianship appeals for Palm Beach and Broward Counties.  If you are involved with trying to get guardianship of your mother or father, or aunt or uncle, from Ft. Lauderdale to Boca Raton to Jupiter,  you may want to read this new opinion.  The Florida guardian appeals case is Adelman v. Elfenbein, 4D13-2446, issued August 26, 2015 and you can get a free copy by going to the “Opinions” section of the 4th DCA website.