What is a motion for substitution of counsel? What does a motion for substitution of counsel have to do with guardianship litigation? According to Florida law, does an alleged incapacitated person have a right to have counsel of his or her own choosing? Does an alleged incapacitated person have the right to have a motion for substitution of counsel granted? You may want to read a 2017 Florida guardianship opinion,Campbell v. Campbell .
Can I inherit under prior Florida wills? In Florida, how do I inherit if someone dies without a will?Are you involved in an estate or inheritance lawsuit West Palm Beach where someone is contesting a will? Do you have a relative whose estate is about to pass through intestacy? What is the doctrine of dependent relative revocation?
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.
What if you wish to appeal an order in a West Palm Beach guardianship or probate lawsuit? What should you know about Florida appeals? You may want to read an October 3, 2018 Fourth DCA opinion Pigna v. Messianu to learn more.
Can you appeal a non-final order? What is a non-final order? What type of West Palm Beach order do you wish to appeal? What should your probate lawyer know about appeals? Have you hired an experienced appellate attorney? Do you believe that a particular order is not appealable? You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu.
Should you have a court reporter present at your probate hearings? How can transcripts help me to win an appeal? What to appeal a trial court’s order but do not have transcripts of the trial court proceedings? Can I file a statement of evidence in lieu of a transcript? If you are involved in family, probate,or guardianship litigation in Florida , you may want to read a June 14,2017 Fourth DCA opinion, Hart v. Streitz.
If you believe that a probate court in Palm Beach County is not doing something that you need them to do, you may want to consider a writ of mandamus. What is a writ of mandamus according to Florida law? Probate litigators know that you may be able to file a petition for write of mandamus with the appellate court. You should consult with an experienced probate lawyer who can help you decide whether or not you should ask for this type of relief.
A January 4, 2017 Fourth District Court of Appeal opinion, Reid v. Guardianship of Margaret Reid, shows us just how important it is to have a court reporter present at important hearings and trials. Why is this important? West Palm Beach appellate attorneys know that having a court reporter present is important because, if you choose to appeal, a transcript can be essential. Judges in the Fourth District Court of Appeal or other Florida courts need the transcript in order to know what went on in your guardianship or probate lawsuit in circuit court. Without a transcript, how can a judge know whether something was decided incorrectly or not? Although some courts do record hearings, which can later be transcribed, it is always better to be safe than sorry. Request a court reporter!
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
What is a guardianship according to Florida law? What should West Palm Beach probate litigators know about who can be appointed as a guardian? When can a professional guardian who is serving as emergency temporary guardian be appointed as permanent guardian? What is an emergency temporary guardian? What is a permanent guardian? You may want to read an April 6, 2018, 2nd DCA opinion, Lyublanovits v. Zebny.