Search Results: heirs

So, there is an estate dispute going on and you are wondering if you need to get involved. Do you hire a probate litigatorand get involved in the probate or can you avoid it and not be harmed financially?  Maybe someone filed a Florida will contest in the probate of your late rich Uncle from Jupiter, Florida.  Or, perhaps there is a trust contest over your mom’s revocable living trust amendment which reduced your cousin’s inheritance or trust distribution.  Well, knowing whether you should participate in an estate dispute can be a tough call, so here are 5 options, or pointers, for family members, surviving spouses, heirs and next of kin, to consider, when trying to decide if you are going to get in on the “Probate War.”  Oh yes, if you are a beneficiary of the trust or the will, you may also want to read this probate commentary.

If you are making a claim to a Florida estate but don’t want your deposition taken, then you need to read thisFlorida 3rd District Court of Appeal probate litigation opinion. Why? Because as any probate litigation lawyer West Palm Beach will tell you: discovery is framed by the pleadings and if you plead, or claim, a share of the Florida estate, you are subject to the rules of discovery.  Remember: the Florida Probate Rules specifically permit discovery in probate litigation cases.

If you have rich parents, you may be wondering about your Florida inheritance, right ? And you may be wondering if you can be disinherited, particularly if your mom or dad just married someone new.   There is a New York probate litigation case which involves these issues, not that different than the estate lawsuits we see in Palm Beach County Probate Court

Can your parents disinherit you?  Or are you entitled to a share of their estate? These are questions which many adult children ask a Probate Litigator Palm Beach when they have learned that their mother or father has died—-and they did not have a close relationship with them.  If you want to see an online Florida probate video on disinheriting your children, heirs and next of kin, the link is below.

There’s an interesting article in Forbes about inheritances.  Check out the free online article about estate planning & picking your heirs. Here’s the free article about your heirs and estate planning: http://www.forbes.com/sites/lawrencelight/2014/09/24/estate-planning-101-picking-your-heirs/

There’s nothing like will substitutes, or   non probate assets,   for estate litigators . Once described as a “pour man’s will”, will substitutes are no longer for “poor” persons: they generate as much in Palm Beach probate litigation fees as Boca Raton will contests, Florida revocable trusts and undue influence trials in Delray Beach. And Florida will substitutes —   meant to avoid Florida probate   — hold billions of $$$$ in value.   It’s a bit ironic , because will substitutes, or non probate assets, are “supposed” to be simple,   pay on death   assets. 

Did Mom or Dad marry someone under odd circumstances that you did not like?    If you believe that a     marriage was obtained by fraud,   duress or #UndueInfluence,  can you dis-inherit the #FloridaWidow from the #FloridaEstate?

FLORIDA FAMILIES In today’s society in Florida, families come in all shapes and sizes. We know that divorce and remarriage are common in Florida. Many Florida residents have stepchildren or stepparents. In some cases, a new spouse is much younger than the adult children from their new spouse’s prior relationship. A so-called  Palm Beach marriage. 

Florida probate lawyers are often involved in family inheritance “fights” or disputes.   Florida probate litigators argue and advocate on behalf of people who may be related by blood or money.   There are often times disagreements and disputes and trials in Florida probate matters and Florida estates.   Who should win in a Florida estate dispute:  the dead person’s girlfriend or his minor child? 

Dealing with a Lis Pendens Florida? Need to preserve your rights? Read a new opinion on this Florida Real Estate Legal topic to learn just about all you need to know . For a free legal video on this subject you can also CLICK HERE. (no one will ask you for your name or any data or information) A lis pendens Florida may be needed to assert your rights to real estate. #lispendensflorida Real Estate Litigation in Florida There are a lot of disputes regarding Florida real estate. Sometimes, a closing does not go as planned. The buyer and the seller have a disagreement after signing the purchase and sale contract. Which shouldn’t happen, right? After all, that’s why you put things in writing in the first place. But, sometimes a real estate contract just doesn’t address certain issues or rights. But, more often then not, lots of probate disputes involve real estate. Especially homestead. Especially when someone like an heir or a personal representative of an estate is trying to sell the real estate quickly. Maybe they did not give you notice. Maybe it’s really supposed to be YOUR real estate. And when you are “fighting” about homestead litigation or real estate litigation, everyone wants to know about a lis pendens. Lis Pendens Florida To read about the statute in Florida, click: Florida Statute 48.23. To read a new 3rd DCA opinion on this subject, click here. Scroll to case 23-1180 dated 8/30/2023. Here is a list of “bullet […]