Can you use a Palm Beach joint account with a right of survivorship to pay Palm Beach guardianship expenses ? Or…… does the Palm Beach joint account “go” automatically to the named joint account holder? Who wins ? If you are a family member, heir at law or your name is on a Palm Beach joint account, you may want to read this Delray Beach Guardianship Case.
If you are involved in a Palm Beach guardianship, you should know who’s going to pay your attorneys fees. Who gets paid from the guardianship funds ? Who doesn’t? If you are involved in a guardianship matter in Palm Beach County, Florida, or any Florida guardianship case for that matter, you must read this March 7, 2014 Florida guardianship appeals court opinion. If you are Palm Beach elder law lawyer or a Palm Beach guardianship attorney, you DEFINITELY need to read this guardianship opinion from Florida’s 2nd District Court of Appeal.
Palm Beach guardianship cases can be tough. After all, a Florida guardianship is a probate matter where a court is being asked to take away someone’s rights . It may be the right to vote, or to choose where to live, or it may include the power to manage your own property and $$$ and make your own decisions . Palm Beach Guardianships are serious business because the probate courts or the Florida guardianship courts deal with our parents’, and children’s and our friends’ and family members’ most basic human rights and civil liberties.
This recent Arkansas probate litigation case shows you what type of probate litigation can erupt after one spouse loses another spouse and has a “friend” or “companion.” Trust lawsuits, changing bank accounts, buying condos, and powers of attorney are at the center of this inheritance lawsuit involving Dad’s companion, a trustee of his trust and 2 sons who are alledged to have taken a pay on death bank account— while dad was in hospice care. See, these probate lawsuits don’t occur just in Florida.
I’ve coined the term “guardianship wars” to describe the guardianship litigation that’s going on across America, as family members, second and third spouses, in-laws and outlaws, neighbors and nasties fight over someone’s person and purse.
A recent Ohio case involves a woman in her 70’s who is worth $47 Million and is the subject of a #Guardianship. This #GuardianshipLitigation involves a daughter who wants to be involved in her mother’s #Guardianship AND have a say in proposed changes to mom’s #EstatePlan.
A recent #probate lawsuit out of the northwest, decided four days ago, demonstrates how things can go terribly wrong in #estate litigation. The parties to this #probate litigation signed an #estate settlement agreement, which is, by the way, very common for #probate disputes in Florida.
A #probate case or #probate lawsuit whose opinion was issued within the last 10 days pits stepsons against a stepmother ……………………………….. all fighting over an #$8 Million Estate.
In #Florida lawsuits, may a lay witness, a #non-expert witness, give an opinion about whether somebody was #competent or not ? A recent #Palm Beach appeals court opinion was just issued on this issue. It is very important for #Palm Beach probate litigation, and #inheritance litigation throughout Florida. Although it was a criminal case, it dealt with the #Florida evidence rules.
TRUST LITIGATION : ISN’T THE TRUSTEE YOU ARE SUING USING YOUR MONEY TO DEFEND ? If I’m a #Florida trust beneficiary living in, say, #Palm Beach, Florida and I’m upset with my #Florida trustee, I know that I can begin a #trust lawsuit by filing a #trust complaint in #probate court.