Did you and your ex-wife or ex-husband create a irrevocable trust for the benefit of minor children? Are you joint trustees? Do you know what would happen in the event of marriage dissolution? That was the same problem faced by the Court of Appeals in Houston, take a look.
Did your relatives leave you property through a Palm Beach trust? Do you suspect that thetrustee has misappropriated funds? Do you know what remedies you have in West Palm Beach probate court? Check out what the Fourth District Court in California had to say about the matter of trustee misappropriation.
Did you hear about the South Dakota Mother who (allegedly) misused over 57 thousand dollars of her daughter’s inheritance? Do you know anyone in Florida that may be abusing a minor’s inheritance? Do you know whom to contact when such guardian abuse is taking place? You may want to hear about what happened here to make sure it never happens to someone you love.
Guardianship is supposed to be to protect a ward and his or her assets. A recent story shows how guardian abuse really undermines the entire system. If you know of someone abusing a ward or comingling funds please speak up to avoid cases like this one where a grandmother spent her granddaughter’s $50 thousand on cigarettes and alcohol.
Have you recently been named as the guardian of a child ward in Palm Beach Florida? Do you know what responsibilities you will have? You may want to see what the Fourth District Court of Appeal in Palm Beach County said in this recent case.
The owner or a trustee of property can encumber it through mortgages and other things like easements. What happens when a non-trustee starts to take actions on such property, often beneficiaries may occupy the property and to the untrained eye it may seem obvious they are the owners (or renters atleast) of said property. So if you sign a mortgage with such a beneficiary are you out of luck or can the court enforce it? The answer may surprise you as the Massachusetts Land Court held that Wells Fargo was entitled to enforce such a mortgage. Does this make sense? Is your Palm Beach Trust safe?
Guardianship in Florida is used to protect children and the mentally incompetent to ensure that they are cared for if they lack the ability to do it themselves. Professional Guardians are becoming more and more common and family guardianship is also still very popular. When you assign guardianship to another individual you may be at their whims as to the social allowances of the ward and that may mean you lack access to your own family members. Have you considered the intricacies of selecting a guardian to control the social life of your incapacitated relative in Florida?
Going to mediation in a Palm Beach probate lawsuit? Maybe there is a will challenge going to trial in the Delray Beach courthouse, or there is a guardianship matter set for evidentiary hearing in the Palm Beach Gardens probate court. If you are headed to mediation, consider these 5 things people need to know before they mediate a Palm Beach probate dispute or inheritance lawsuit.
Are you suing for fraud in Palm Beach? Did you know that in Florida law, there are many types of fraud? If you are involved in a fraud lawsuit in West Palm Beach consider reading this April 1, 2015 opinion on fraudulent concealment from the Palm Beach appeals court.
Why do we sometimes pursue a guardianship over an adult without prior mental illness? Well with incompetency can come fiscal irresponsibility often the elderly can be targets for mail away and other financial scams or they may simply not be looking out for their own welfare. Can you appeal to the court that a guardian appointed by the court is not fiscally responsible either? A case filed on March 6, 2015 by the Nebraska Supreme Court says no.