Have you ever heard of a pour over will or pour over trust? Do you want to learn how these adjustments to your West Palm Beach estate plan can save everyone time in the probate process? Check out this quick introduction to the pour over will. Is this set up right for you?
It all comes out in the end, doesn’t it? In this August 11, 2015 probate lawsuit out of Washington state, three sisters objected to the will of their mother. Yes, that’s right: 3 sisters sued 1 sister over the will of their mother, Anita Tuttle. Anyone involved in a will contest Palm Beach or objection to the will in Florida probate may want to read this case of : the Estate of Anita D. Tuttle; Anderson v. Hicklin, where three sisters sued their other sister who was the personal representative of their mother’s estate. Just how did three sisters come to object to the will of their mother and sue their sister? Well………………
How much do I inherit if my mother, who lived in Boca Raton, Florida died with no will? This Florida probate commentary and update is not about the reading of the will. That’s right, no reading of the will in Boynton Beach because mom or died with no will. How do you inherit from the Jupiter, Florida estate that mom took 50 years to assemble? What if you don’t know the exact amount of the estate, how do you know you are getting what you are supposed to get? Well, most adult children feel a sense of entitlement to a Florida inheritance. While you are not entitled to receive an inheritance from mom or dad, the one big exception is if your parentdies in Florida without a will. What estate lawyers Florida call “intestacy” or dying “intestate.”
A Broward County, Florida conviction for financial exploitation of an elderly person was overturned, or reversed, on June 24, 2015 by Florida’s 4th District Court of Appeal. In this Florida financial exploitation case, the husband of an investment firm employee had been convicted but sought acquittal.
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.
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 ?
If you are wondering what happens to people who commit financial exploitaiton of the elderly in Florida? They get criminal charges filed against them and then put on trial. Elder abuse and financial exploitation are both serious matters in Palm Beach; not only for law enforcement and appeals courts, but alsofamily members. Elder abuse is a crime, sure, but did you know that there are civil or Palm Beach probate remedies in civil court that family members can use to try to get stolen money returned? That’s right, if you are the trustee of a Boca Raton revocable trust, or perhaps a beneficiary of a Delray Beach estate, ask your Florida probate lawyer about howbeneficiaries, heirs at law and widows can sue for civil theft, conversion, tortuous interference with an inheritance or expectancy and fraud. Anyway, here is a recent, June 24, 2015 Florida 4th District Court of Appeal case where someone was convicted of financial exploitation of the elderly, and then, on appeal, to the Palm Beach appeals court, theconviction was reversed and the motion for judgment of acquital should have been granted. Acquitted of financial abuse and financial exploitation of the elderly. Here is a link to read the entire 4th DCA legal opinion on this Palm Beach financial abuse case: http://www.4dca.org/opinions/June%202015/06-24-15/4D13-1952.op.pdf
Many dis-inherited heirs & family members seem to know a lot about fraud when they want to file a Florida inheritance lawsuit. Did you know that an Undue Influence case in Palm Beach probate is a species of fraud? Wondering about fraud in a will contest or a challenge the will lawsuit in Florida probate? Well, just how long do you have to sue for fraud if you want to file a Florida probate litigation matter? Consider reading the August 19, 2015 Florida 4th DCA case ofOgnenovic v. David J. Giannone, Inc., 4D14-4833, which discusses the statute of limitations for fraud in Florida. Although this is not a probate case, it is very helpful.
Can you inherit from your father or mother if you were born out of wedlock?