Do so-called “illegitimate” heirs or children inherit from their parents’ estates? A recent story out of Spain reveals that anillegitimate son of a wealthy Spaniard just won an estate lawsuit to inherit money. What can such children born out of wedlock learn from this probate lawsuit?
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.
Is mother or father getting along in years and maybe, just maybe, slowing down? Perhaps you live in New York or New England or Cleveland or Detroit and mom lives in Boca Raton with a $4 Million revocable trust. Or dad retired to Palm Beach Gardens and has a $6 Million brokerage account. You are worried about your inheritance and, oh yes, we should not forget, you are also worried about the care, safety, protection and well being of your parent who is living in Palm Beach County. If a guardianship lawsuit is filed, here are 5 things to consider.
In Florida, many estate planning attorneys Palm Beach Gardens write wills, living trusts and powers of attorneys for clients. When you name your successor trustee Florida, and your power of attorney, you need to name someone who you trust. After all, they might have to sue someone to protect you and your money if you are becoming vulnerable, or incapacitated, and you can’t fight for yourself. So, who can you trust to be in charge of your money, wealth, property and who also can protect and care for you, the person? Who can you put in charge of your entire financial world? What happens if things go bad? What if your relationship with your personal assistant or companion deteriorates or your friends or family don’t trust your caretaker?
Is your mom or dad getting along in years in Florida? Is mom or dad a widow maybe living alone in Boca Raton with a few Million Dollars in their revocable living trust? Worried about your Florida probate inheritance when they pass away? Should you be concerned if mom or dad has a new caretaker and that caretaker is named in their estate planning documents? Did mom or dad just take on a full time companion or personal assistant? How about this…. is that personal assistant or live-in-friend now in their Florida estate plan? You may want toread this court of appeals case from Washington issued August 11, 2015.
An August 26, 2015 Palm Beach guardianship appeal deals with a Ft. Lauderdale guardianship which made its way to Florida’s 4th District Court of Appeal, which hears probate & guardianship appeals for Palm Beach and Broward Counties. If you are involved with trying to get guardianship of your mother or father, or aunt or uncle, from Ft. Lauderdale to Boca Raton to Jupiter, you may want to read this new opinion. The Florida guardian appeals case is Adelman v. Elfenbein, 4D13-2446, issued August 26, 2015 and you can get a free copy by going to the “Opinions” section of the 4th DCA website.
Some call it elder abuse or financial exploitation, or elder exploitation. Some in Palm Beach county may refer to this financial abuse Florida as financial crimes against the elderly. But what we are talking about, and what many probate lawyers Palm Beach must deal with, is an older client, such as a senior citizen, being taken advantage of financially. In Florida estate or probate circles, this may be referred to as civil theft, conversion, and even larceny. In Palm Beach Countyand indeed Florida, there are elder laws which protect our seniors and permit them to filecriminal charges against financial predators Florida, as well as seek civil remedies ordamages, such as the return of their money in probate court or the civil division or trial division of our court system.
Can a Florida power of attorney bind someone to arbitration instead of a trial? What about the extent of the POA? Can it bind some to arbitration over liquidated damages in Florida, or unliquidated damages? What in the world are you talking about? (you are probably asking, right?) Well, if you are involved inpower of attorney litigation Florida, if someone used the Florida power of attorney, and you question the scope of the POA or the authority of the POA, consider reading Florida’s 1st District Court of Appeal case Santa Rosa Investors Inc v. Wilson, Case 1D14-3935.
Suppose that mom had a $3 Million estate and lived in Boca Raton Florida when she passed away in 2015. Hypothetical. So, you’ve hired an aggressive probate litigator West Palm Beach to answer one question: what can you do if you think your sister took your mom’s money? So, you have been waiting for your inheritance, but your sister is mum: your sister won’t tell you anything about mom’s estate, mom’s Florida revocable living trust, even though your sister is the trustee of mom’s trust. You’ve heard that people, even daughters, who take money from a senior citizen in Florida may have committed elder financial abuse, what some call financial exploitation Palm Beach. Did your sister steal your Florida inheritance? Here are 3 places to look for your inheritance when you think your sister may have taken it.
Is mom or dad suffering from Dementia or Alzheimers? Maybe they are slowing down a bit and need some assistance. One question may be : what assistance does your father or mother need? If you are thinking about filing for Florida guardianship in Palm Beach County, here are 4 Importants Points About Florida Guardianship which family members may want to know.