On March 24, 2016, the Florida Supreme Court issued a two page judgement, signed by the clerk, which accepted an uncontested report of a referee and suspended a local, Palm Beach lawyer from practicing law for a year. What this Florida probate attorney do to be subject to this disciplinary sanction by the Florida Supreme Court? If you are a probate litigator in Florida ,or are considering hiring a trust and estates attorney West Palm Beach, you may want to read about this case.
Who will inherit Prince’s wealth? What does Prince’s estate plan say? How much was Prince worth? After learning of the death of music legend, Prince, it is hard not to wonder where his fortune is headed.
A common question for a lot of family members or beneficiaries, or heirs next of kin those who inherit a Florida estate is, “Where’s all the money?” Increasingly beneficiaries’ children think that Mom and Dad were richer than they were, that they didn’t spend as much money as they did, and that they died a lot richer. The answer to your question, which is an understandable one, lies in whether you want to conduct some financial discovery.
Are children or heirs or next of kin entitled to an inheritance under Florida Probate Law or Florida Estate Law? You’re not. Generally in Florida, someone may dispose of their wealth, give it away during life, leave it to a charity under a will or in a trust as they wish to. The only requirements are that any will or trust is signed and executed in conformity with the law, that they knew what they were doing when they signed that will or that trust or made that gift and that they were free from any undue influence, but you don’t have any necessary entitlement. You can be disinherited.
Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed, attorney John Pankauski’s second book, dedicates a chapter to marital trusts. This book will be available in early 2017. What is a marital trust? What do probate litigation lawyers in Florida need to know about them? Are marital trusts necessary? When would a West Palm Beach estate planning lawyer suggest a marital trust?
Where there are inconsistent or contradictory statements alleged in a probate petition or a complaint, what can you do? What is the election of remedies doctrine? What is the purpose of it? What should my probate litigator know about the election of remedies doctrine? Bueno v. Workman, an opinion from the Fourth DCA, explains what you need to know about this topic.
Most attorneys who handle Florida probate or estate matters would probably tell you to simply find a lawyer with 20 + years’ experience, who is highly rated, with confidence, and great experience, who limits their practice to the area of the law which you need help with. That’s probably the short version of how to choose a Florida probate lawyer. But consider….. Like many other service providers, many lawyers today seem to limit their services. I remember my dad saying years ago that today was a day of specialization. Many attorneys limit their practice to certain areas of the law. Probate lawyers in Florida are no exception. Some write wills and trusts and provide estate planning services. Others handle only estate planning for the more high end, ultra-wealthy clients with estates in excess of $5 Million. These probate lawyers are often described as tax attorneys, because of the need for them to be well versed in US estate tax law, US gift tax, and the generation-skipping transfer tax, which can tax gifts or inheritances given to certain heirs and descendants. Of course, “traditional” probate attorneys opened up probates and filed wills, and helped gather the assets of someone who passed away. Paying off estate creditors, and then distributing those assets to estate beneficiaries, are an important part of a probate lawyer’s role. But, in today’s Florida, does hiring a “probate lawyer” make sense and do you know what you are getting? Try asking yourself “What do I need?” In Florida, […]
How to Challenge a Will in Florida How do you file a Florida will contest? Well, many dis-inherited heirs, former beneficiaries, and family members may want to know. After all, this is perhaps the most common question that Florida probate lawyers get from non-clients or prospective clients. But, filing a will contest is NOT just for those that believe they were “cut out” of the estate, or dis-inherited improperly. Sometimes, there are other reasons to object to the will. What are some of the more common reasons that people object to a will, or file a will contest in Florida? Many times, people’s inheritances are cut down, or reduced, by a later will, or an amendment to a will, which is also called a codicil. Other times, a will is re-signed, or a new will is written, with the same inheritances going out to beneficiaries, but the executor of the estate has change. In other words, sometimes a new will is signed and the beneficiaries don’t change, and their percentage of inheritance does not change, but who can administer the estate, the name of the personal representative, changes. This can be problematic for some family members because the personal representative of a Florida estate has power, authority and the ability to “run” the estate and the dealings or goings-on of the late, now deceased, Florida resident. The executor can also hire counsel and pay an estate lawyer a reasonable fee from estate funds. Many times, family members may be jealous […]
Palm Beach County Probate and Wills in Florida What do we mean by “Palm Beach County probate”? Palm Beach County probate refers to a Florida estate proceeding of somebody who died a resident of Palm Beach County Florida. Put another way: a “probate” is a term often used to refer to the official, court supervised, administration of one’s estate. The legal proceedings which occur to your property after you die. A “probate” is often “opened up” by the filing of a Florida resident’s last will and testament, along with a court document known as a “petition for administration.” The person who has possession of someone’s last will and testament is referred to as a “custodian” in Florida. The custodian of a Florida will is required by Florida probate law to file the will with the clerk of the county where the Florida resident lived before he or she passed away. If your uncle Mo died when he was a resident of Boca Raton Florida, then file the will with the clerk for Palm Beach County. Uncle Mo’s estate will be administered in the South County Courthouse in Delray Beach Florida. If there is no will, we say that a Florida resident died “intestate”. Since there is no will to file with the Palm Beach County clerk’s office, you may “open up” the estate, or begin the probate process, by filing a petition for administration that states that there is no last will and testament. A “petition for administration” is the […]
What is the Florida Probate Process? The Florida Probate Process can be thought of as a three step process, supervised by estate lawyers and a probate court judge, to handle one’s financial affairs when one dies. First, you have to gather the assets of the “decedent.” Then, you have to pay off any just debts, expenses, and legal obligations which the person may have had before he or she passed away, as well as expenses associated with the probate process. Lastly, you need to give away all that money: bank accounts, real estate, Florida homestead, and good cold cash are perhaps the most common forms of property which pass at death. But, one needs to understand that not all property passes through the probate process. Why? Florida homestead may not be considered a probate “asset”. Widows and minor children have a right to Homestead. Joint accounts such as a pay on death bank account, or a right of survivorship account, may pass outside of probate unless they were “convenience accounts” under Florida probate law. Many Florida estate planning lawyers advise clients to use a Florida revocable trust, and other strategies, to eliminate or minimize the probate process. In such instances, it is possible that many assets pass outside of probate, or without the supervision of estate lawyers and the probate court system. Unless someone files an objection or a challenge. That’s how estate litigation can begin. And while most heirs, widows, beneficiaries, and next of kin may think of the […]