Search Results: power of attorney

Who’s watching over those guardianship attorneys to make sure that they charge a reasonable fee under the Florida Guardianship Code and under the Florida Bar Rules? Well, the answer is usually the Delray Beach guardian or the probate court in Florida.  After all, in Florida guardianships, a person who is the subject of the Palm Beach guardianship, the alleged incapacitated person, or the Ward, if a guardianship is found to be necessary, pays the court appointed attorney and the guardian and the guardian’s lawyers.  So, we all need to be mindful of what the ward’s money is being spent on, and that it is spent reasonably. A lot of family members can find it frustrating that Florida guardianships, or even health care or attendant care in general, gets to be expensive as our parents age and as they may be hindered by dementia or Alzheimers requiring a lot of care, or caretakers or round the clock care.  Here is a guardianship case where an attorney for the Ward had his attorneys feesreduced.  If you are interested in how some courts analyze whether a guardianship lawyer’s fees are reasonable or not, consider reading this June 16, 2015 Washington appeal opinion.

Once it comes time to probate the will everyone calls a West Palm Beach  probate attorney. Did you know that West Palm Beach probate attorneys can also help you with guardianship issues? What does a West Palm Beach guardianship attorney do?

Marriage and estate planning go hand and hand in West Palm Beach. Failure to  plan well after the wedding can also spell aprobate battle after the funeral. If you want to avoid these kind of fights you need to trust those with experience in estate planning. Going it alone could cost you big down the line, want to see how? Check out the probate litigation arising out of Texas after the State’s attorney general will not let a lesbian woman inherit her partner’s estate. 

Was the other side recently awarded attorney’s fees  in your West Palm Beach probate dispute? Are you considering appealing the awards? Experienced Palm Beach probate litigators will tell you, the appeals court will not reverse an award of attorney’s fees absent an abuse of discretion. Do you know what that means? Check out a case out of the Fourth District Court of Appeals to learn more.

Have you executed a power of attorney document in West Palm Beach?   Has your attorney in fact been taking compensation? You may want to see what the Ohio Court of Appeals had to say about an attorney in fact’s entitlement to compensation.

So you just got married and now its time for the honeymoon right, its also   time to call up your Palm Beach Probate Attorney for some newlywed estate planning. Your marriage will hopefully result in further assets being earned and eventually children so obviously it may need updated but in case of emergency or unforeseen tragedy you still want to have your estate in order. Here are my five estate planning essentials for newlyweds in South Floirda. Although Florida can sometimes be an “alimony alley” and thus plenty of remarriages as well but this list is focused at the young newlywed. Hats off to the responsible young couple that reads further!

In Florida when someone dies a Personal Representative is named (in other states this is called an Executor) and that person is responsible for the bulk of the administration responsibilities. The Probate Courts will also establish an Estate, which holds that person’s real estate and personal property until the proper beneficiary can be determined under the law of the State. What’s important to remember as a potential beneficiary is that you have a right to sue if your interests are not maintained. Specifically, the Personal Representative owes a fiduciary duty to both the heirs and creditors of the estate.

A Cleveland judge recently sentenced Kevin Purcell, an elder law attorney and professional guardian, after hearing howthe attorney stole the money from the estate of John Kane, an Army veteran who suffered from schizophrenia.

Experienced guardian litigators Palm Beach know that attorneys fees can get  very, very expensive.  Just consider a “typical” hotly contested legal battle over a guardianship in Delray Beach probate court, or the probate court in Palm Beach Gardens, for example.  If family members are “fighting” over who gets to control mom or dad’s money and property, or if heirs and sisters and brothers are fighting over who will make the personal decisions for mom or dad, you can understand how time will be spent on these legal arguments by the guardianship litigators.

Ask any probate litigator Palm Beach and they will probably tell you that, for good or bad, guaridanship lawsuits Florida are exploding.  Adult children now face off against each other, against their mom or dad’s most recent spouse, in a battle to control someone’s personal rights and freedoms or Florida property.   There is a recent, August 27, 2014 Florida appeals case on attorneys fees inFlorida guardianships that you may want to read if you are involved in guardianship litigation Palm Beach.