Search Results: heirs

If you have ever been involved in a Palm Beach probate case, or a Palm Beach inheritance lawsuit, you understand the importance of the “discovery” process.  The discovery process is an important part of any estate lawsuit or trust dispute, and is governed by the Florida probate rules & the Florida Rules of Civil Procedure.  The discovery process helps heirs, next of kin, family members, personal representatives of the Florida estate, and others learn answers to important questions like:  where’s all the money  ?   I thought mom or dad’s estate had more money: where is it ?   Who has mom or dad’s medical records  ?  Did they know what they were doing when they changed their will or trust ?   An important part of the discovery process in probate litigation is the “deposition.”  A Palm Beach appeals court case whose opinion was just issued yesterday answers the question:  do I have to travel to have my deposition taken ?

A very recent probate litigation case in California went to the appeals court.  This probate lawsuit involved a challenge to a mother’s will based upon fraud, forgery and undue influence.  This estate lawsuit involved $4.2 Million and 5 children who were dis-inherited.

In Palm Beach probates, funeral expenses are a debt of the Palm Beach Estate.  The Palm Beach Executor — the one who administers or runs the Palm Beach Estate — also called a Personal Representative, pays those funeral expenses if they are reasonable,  depending on a Florida Probate Code Statute.  There’s an order to the payment of a Florida resident’s debts when they die:  estate adminstration expenses, probate lawyers, the IRS (for income taxes and estate taxes) and creditors of the estate, all have to be paid in accordance with the Palm Beach Probate rules:  the Florida Probate Code and the Florida Probate Rules.   A recent Forbes article discussed filial support:  when states make the kids pay their parents’ burial expenses and funeral expenses.  Sound different?  It is. Florida has no such law —-although estate debts & expenses always get paid before the kids inherit.

Marriages can be expensive ! Even if they only last 2 years and even if one spouse dies 16 years later !    This recent Minnesota probate case highlights how “busy” estate lawsuits can be after your dead.    This   probate litigation case   involves a charitable remainder trust, a revocable trust, a power of attorney and the   moving of  bonds from a trust account    to a pay on death account, and ex-wife, a friend who inherits the whole estate, and  children who are disinherited and are contesting the will —  based on undue influence and lack of capacity to make a will. Oh yes, who pays the income tax on those trust distributions?

This recent inheritance lawsuit — which has been going on for over 10 years ! —- issued a few days ago by a Michigan appeals court , involved 1) millions of dollars of an estate 2) MIS-use of estate funds 3) payments on a house in Martha’s Vineyard 4) removal   of a widow as PERSONAL REPRESENTATIVE of the estate 5)   surcharge   of the widow as personal representative and 6) which pitted the widow or surviving spouse against her late husband’s children from a prior relationship.

Just yesterday, the Florida appellate court opinion for a Palm Beach probate case was handed down by the appeals court for Palm Beach County, Florida.    Although a brief opinion, it helps family members and beneficiaries involved in   Palm Beach estate litigation,   as well as Florida probate litigation in general, better understand when  you can try to have your   probate   litigators’ attorneys  fees  paid  for by the other side.

Kathryn & Sarah are trust beneficiaries who sued    trustees of family trusts   in federal court for    fraud    and self-dealing.  These trust beneficiaries claimed that, for years, the trustees deprived the trust beneficiaries of millions of dollars. The trust beneficiaries wanted trust damages and a trust accounting. This recent trust lawsuit’s opinion was released just days ago and involves  how trust litigation can erupt with family partnerships, multiple trusts, many trustees and million & millions of $$$  .

The Westminster Kennel Club, http://www.westminsterkennelclub.org/ just put on the 2014 Westminister Dog Show .  Sky won.        So how is this Westminster Dog show related to   Florida trust law  or Florida probate law ?

Q: Are you the beneficiary of a  Florida estate  ? Where’s the money? When do I receive my inheritance?

The    #FloridaAppealsCourt    for #PalmBeachCounty, Florida released an opinion on    #AttorneyClientPrivilege    on January 22, 2014 which all #FloridaTrialLawyers  and #ProbateLitigators   will want to know about.