Articles Posted in Probate Litigation

When a close relative is no longer able to manage his or her own affairs, many difficult choices must be made. One of those is the type of authorization necessary to handle one’s affairs for them – the two most obvious being guardianship and power of attorney (POA). As a Ft. Lauderdale guardianship lawyer can…

With baby boomers increasingly aging into their golden years, issues of elder financial exploitation are being paid more attention. Many schemes involve caregivers who take advantage of elder dependents. One means of this that has recently come to light are marriage scams. This involves caregivers or others marrying older dependents for the sole purpose of…

Florida payable on death accounts are financial tools used to keep funds shielded from the probate system. The money is held in a bank account with directions to transfer it to another person/beneficiary upon the primary account holder’s death. The primary account holder can still access the money while they’re alive, and the recipient will…

The death of alleged sexual predator/billionaire Jeffrey Epstein, 66, in a New York jail cell of apparent suicide has left his estate, with assets reportedly valued at $560 million, the subject of intense interest. Women who were allegedly his child victims had pending civil lawsuits against him. Elderly retirees are trying to recoup the losses…

Florida’s guardianship system has come under fire amid revelations of numerous abuses and reports of exploitation, damaging relationships and leaving wards financially and emotionally worse-off. A Fort Lauderdale guardianship attorney can assist individuals looking to intervene in a potentially damaging guardianship arrangement. Although Florida law requires a three-person committee (at least one a physician or…

Hollywood theatrics have most people convinced there is some type of formal “reading of the will” in which all concerned parties gather around the desk of a wills and trust attorney’s desk to hear what each has been bequeathed. In reality, there isn’t any legal mandate requiring said records to be read aloud. Rather, what…

After several attempts to upload electronic wills in Florida, a measure approving them has passed and will go into effect Jan. 1, 2020. HB 409 amended numerous sections of the state probate code pertaining to wills. Florida’s e-will law: Redefines the term “will” to conform to the changes made in the act; Exempts e-wills from…

A dispute between aunt-nephew over the validity of their father-grandfather’s half-signed will has resulted in a Florida appellate court ruling affirming state law mandating wills strictly adhere to all statutory requirements – or else they’ll likely be deemed invalid. The case underscores a point of critical importance when planning your estate: Have an estate planning…

You may have already had concerns that someone you know was exploiting an elder relative financially while they were alive. Now that they are gone, it may now be confirmed or you are just now beginning to grasp the full scope of it. Fort Lauderdale probate litigation lawyers know this happens more often than you…

Sometimes family relationships don’t always go the way we hoped. Although the emotional fallout of this can be messy enough, Fort Lauderdale estate lawyers know it can get even dicier when it comes to the question of inheritance – or disinheritance. The fact of a biological tie is not necessarily a guarantee that one will…