Search Results: POA

Was a person forced to sign an estate planning document that they did not wish to sign? Did your evil sister or brother threaten your mom to change her POA? If you feel that a signature on a will, POA, or any estate planning document was forced, you may be able to argue duress. However, West Palm Beach probate lawyers know that there are certain factors that must be established in order to prove duress. A Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor, defines duress and explains those factors. 

Do you suspect that your mom or dad is being taken advantage of by a caretaker or neighbor? Has someone obtained, by exercising undue influence, a POA from your elderly relative? How can a temporary injunction help you in an undue influence case? When should your West Palm Beach probate lawyer file a petition for temporary  injunction? You may want to read a November 21,2018 Fourth DCA opinion, Maldonado v. Buchsbaum. 

What is undue influence? What does undue influence have to do with probate lawsuits in Florida? Do you believe that your mother or father was unduly influenced to change his or her will? When should you hire a probate lawyer to assist you with an undue influence dispute? What should you do if you suspect that someone has been unduly influenced to change his or her estate plans? You may wish to read a recent Fourth DCA opinion, Maldonado v. Buchsbaum. 

Are you debating on whether or not your elderly mom needs a guardian appointed? Is your elderly dad unable to properly care for himself? Does your relative have Alzheimer’s or dementia? Do you suspect that your grandmother’s power of attorney (POA) is taking advantage of her? Are you worried that a caretaker or neighbor will steal money from your elderly, vulnerable parents? 

Unfortunately, probate litigators and guardianship attorneys are seeing more and more litigation involving elderly people being taken advantage of by caretakers, power of attorneys, family members, etc. These cases often involve a POA who does not act in the best interest of the person under his or her care. Did you know that financial exploitation of the elderly is also a crime? A recent Fourth DCA opinion, Johnson v. State of Florida, discusses a case where a woman takes advantage of her elderly neighbor. 

When can you freeze an account or get an injunction over financial assets? Are you involved in probate litigation involving estates, Orlando inheritances and/or trusts? Has a trustee, or someone who had access to someone’s money, misused a power of attorney or improperly taken money?

When can you freeze an account or get an injunction over financial assets? Are you involved in probate litigation involving estates, Palm Beach inheritances and/or trusts? Has a trustee, or someone who had access to someone’s money, misused a power of attorney or improperly taken money?

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. 

In your Palm Beach inheritance lawsuit, are you seeing the documents you need to make your case? If you are in the middle of an inheritance dispute, are you getting to see the documents necessary to successfully argue your case? Have you seen important bank statements, bank records, medical reports, financial statements, and POA’s? Ask your probate litigation attorney if he or she is filing a request for production of documents to the other side or any party. While the Florida Probate Rules do apply, the Florida Rules of Civil Procedure are very important here. There’s a very specific rule, 1.350 of Florida’s Rules of Civil Procedure, about requesting and producing documents. You should know what your rights are, and how to get documents through the discovery phase of your inheritance lawsuit. Ask your probate attorney for more information or read the rule in its entirety below.

A recent case from the Fourth District Court of Appeal (DCA) discusses the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state that is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.It is important for people involved in Palm Beach trust lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, are actually trials before the trial. These trials before the trial require limited discovery, witnesses, documents, and evidence . Probate attorneys know that a motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic, legal, and financial reasons.