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What Formalities Are Required to Execute a Valid Florida Will?

Uncategorized Feb 14, 2019
post about What Formalities Are Required to Execute a Valid Florida Will?

West Palm Beach probate lawyers and trust litigators know that there are certain formalities that must be met when executing a Florida will. What are these formalities? Does a Florida will need to be in writing? Does there need to be a formal signature? Does an estate planning lawyer have to prepare the will or can you prepare a will at home? You need to read Florida Statute 732.502.  

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Can a Guardian Amend a Ward’s Trust?

Uncategorized Jan 30, 2019
post about Can a Guardian Amend a Ward’s Trust?

In Florida, guardians are appointed to care for people who cannot take care of themselves. Guardianship lawyers West Palm Beach know that the person a guardian protects is called that guardian’s ward. What are the duties of a guardian? In Florida, can a guardian amend award’s trust? Can a guardian make himself or herself the trustee of a ward’s trust?

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What is Formal Notice Under the Florida Probate Rules?

Uncategorized Jan 22, 2019
post about What is Formal Notice Under the Florida Probate Rules?

What is Formal Notice under the Florida Probate Rules? When is formal notice required? What should Palm Beach probate and guardianship lawyers know about formal notice? What are the requirements of serving formal notice on someone? Is formal notice required under the Florida Probate Rules to seek personal liability against a Florida trustee? 

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Can an Alleged Incapacitated Person File a Motion for Substitution of Cousel?

Uncategorized Jan 17, 2019
post about Can an Alleged Incapacitated Person File a Motion for Substitution of Cousel?

What is a motion for substitution of counsel? What does a motion for substitution of counsel have to do with guardianship litigation? According to Florida law, does an alleged incapacitated person have a right to have counsel of his or her own choosing? Does an alleged incapacitated person have the right to have a motion for substitution of counsel granted? You may want to read a 2017 Florida guardianship opinion,Campbell v. Campbell .

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Florida Probate Litigation and Prior Wills

Uncategorized Jan 11, 2019
post about Florida Probate Litigation and Prior Wills

Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation? 

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Alzheimer’s Disease, Estate Plans, and the Denver Broncos

Uncategorized Dec 13, 2018
post about Alzheimer’s Disease, Estate Plans, and the Denver Broncos

Florida guardianship attorneys know the importance of having a good estate plan in place. Having an estate planning lawyer draft healthcare documents and trusts can prove to be useful even before death. For example, having a proper estate plan and POA, prior to being diagnosed with dementia or Alzheimer’s disease, may help you to avoid a guardianship. However, despite proper planning, probate lawyers and trust attorneys know that beneficiaries or interested persons of an estate can disagree with people who are left in charge. This can lead to litigation. 

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Florida Appeals and Non-Final Orders

Uncategorized Dec 11, 2018
post about Florida Appeals and Non-Final Orders

Can you appeal a non-final order? What is a non-final order? What type of West Palm Beach order do you wish to appeal? What should your probate lawyer know about appeals?  Have you hired an experienced appellate attorney? Do you believe that a particular order is not appealable?  You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu. 

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