Tom Benson, owner of the New Orleans Saints, set up an irrevocable trust which held a significant portion of his $2 billion estate. Recently though, Benson instructed the trustee of the trust to transfer controlof his pro sports franchises, auto dealerships, real estate, and banking interests to his wife, Gayle. Now, Benson’s daughter and grandchildren have thrown a flag on the play. Their stance: you cannot change an irrevocable trust.
In courts of the law, “standing” is the term used to describe the ability of a party to demonstrate to the court sufficient connection to, and harm from, the action being challenged. The connection to and harm from the specific event must be enough to support that party’s participation in the case.
Even with the recent federal court ruling mandating Florida county court clerks to issue marriage certificates to same-sex coulpes (link here), there are still only 22% of the people in Florida living in so-called “traditional family households.” In fact, in the US as a whole, there are approximately 5.5 million ‘unmarried partner’ households.
Short stories about probate litigation and inheritance fights? Here’s one chapter or short story, what I call “money tales”, from a book on probate litigation which I am writing. It is only in the draft stage. My book is, right now, titled: “Pankauski’s Probate Litigation: The $59 Trillion Probate War“. Are you an heir or son or daughter who believes that you are entitled to an inheritance?
Because the majority of Florida estates are sent through the Florida Probate process, it is not uncommon for the courts to be inundated with many “statements of claims” from those who believe they are legally owed a piece of the estate. However, as Florida’s fourth District Court of Appeals recently pointed out, the litigants filing the statements of claims better be ready to support those claims.
A personal representative (sometimes called an executor of a will) in Florida is the person who carries out the will and wishes of a decedent. But the duties of a personal representative, as West Palm Beach Probate litigation attorneys will tell you, stretch beyond the will:
If you are the beneficiary of a Florida trust, you may want to know about a recent Palm Beach appeals case involving a “trust protector.” “What is a Florida trust protector?” you ask…..You may want to read about an important “legal actor” for Florida trusts other than the trustee.
In Florida, there is, sadly, a lot of financial exploitation, but we typically think of financial exploitation as one form offinancial abuse against the elderly. As we age and become more reliant on others, and as our abilities to consider, examine, think, analyze, ask questions, and focus, deteriorate or decrease, we can become a target: financial prey. If we are stricken with dementia, anddementia is progressing un-checked, or the dementia is not stalled or slowed, bad people can exploit us financially by taking our bank accounts, trust funds and getting us to sign powers of attorney or trust amendments. Cases of undue influence are common in such scenarios, and can lead to a lot of probate litigation and probate lawsuits by heirs at law and family members or next of kin.
Thinking of filing a guardianship in Palm Beach for your parents? Well, before you ask your Boca Raton guardianship lawyer whether the guardianship will pay your attorneys fees, you might want to consider the 5 Florida Guardianship pointers below. You might also want to watch some free Florida guardianship videos which are now posted online: http://www.pankauskilawfirm.com/
Ask any guardian lawyer Palm Beach and they will tell you that guardianship litigation is increasing in Florida and from Delray Beach to Jupiter, Florida. Adult children now get involved with mom and dad’s property and person as parents age. Some look to protect and help aging Palm Beach parents, while other persons look to control the purse strings, the money and all the property. A new Florida guardianship video is available free, online to watch: https://www.youtube.com/watch?v=q8PF1-I17zM&feature=youtu.be