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Can a Palm Beach Will Require Arbitration ?

Uncategorized Apr 21, 2014

When is a clause in a document which requires arbitration enforceable  ?   Sometimes, people use powers of attorney in Palm  Beach or Ft. Lauderdale to act for another when someone can’t.  Likewise, after one has passed, the estate of the deceased Palm Beach resident may need to file a lawsuit on behalf of the estate, which is filed in the name of the Palm Beach personal representative.  A contract which requires arbitration, and not appearing in a Palm Beach court, may be set aside or declared void if it’s against publicy policy. This may be true for Florida wills & trusts which require arbitration.    An April 2, 2014 Ft. Lauderdale case went to the appeals court for Broward County (and Palm Beach County) and the arbitration clause was held un-enforceable. 

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Palm Beach Guardianship Judge Orders Guardian to Return $$$

Uncategorized Apr 10, 2014

Palm Beach guardianships are serious business.  Guardians, and co-guardians, need to prepare accountings and reports which are reviewed by the Palm Beach County Clerk’s office.   If you are guardian, or a co-guardian, with someone else in Palm Beach County, Florida, you need to read this April 9th, 2014 guardianship appeals opinion.  This probate opinion will tell you what can happen when you spend money on the person who is incapacitated and how a Palm Beach probate court can order you to return money to the Palm Beach guardianship.  Yes, you can be ordered to return thousands of dollars.

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Breaking Palm Beach Probate Law: Important Palm Beach Joint Bank Account Case

Uncategorized Apr 6, 2014

On March 12th, 2014, the appeals court for Palm Beach probate & guardianship cases issued a VERY important opinion involving joint bank accounts & Palm Beach Guardianships.   Anyone who is involved in a Palm Beach guardianship and is concerned with the care of the incapacitated person & how you  are going to pay for the services and care should read this.  But more so, two spouses who are on a joint account should read this Palm Beach probate appeals case if the spouses may be adverse to each other.   This is one of the most important joint bank account cases in years for Palm Beach probate.

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Florida Guardianship: Inconsistent Evaluation Reports

Uncategorized Mar 24, 2014

If you are a family member who is involved in a disputed guardianship in Palm Beach, or are seeking to be the guardian of your mom or dad, or other loved one, you may want to read this  recent Florida guardianship case.   It deals with what can happen when the Florida Probate Court receives inconsistent opinions about whether someone has capacity or not, and whether or not that person needs a Florida guardian. 

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