What does a Florida guardianship have to do with a marriage or a marriage annulment? Can a Ward get married? Can the court take away a Ward’s right to marry in Orland? What does it mean if a Ward’s right to marry is “subject to court approval”? What happens if a Ward marries without getting permission from the court? You should read Smith v. Smith.
Was your dad’s trust executed despite an error in drafting? Was a required signature to make an Orlando trust valid forgotten? Do you know what remedies the West Palm Beach probate court might have under such circumstances? You may want to look at the court’s powers of reformation.
In Florida, can you get sanctions against the other side for a frivolous probate lawsuit? What is frivolous litigation in West Palm Beach probate litigation? What should my trust and estates litigator know about frivolous lawsuits? What should my inheritance lawyer know about Florida Statute, section 57.105?
Are you debating on whether or not your elderly mom needs a guardian appointed? Is your elderly dad unable to properly care for himself? Does your relative have Alzheimer’s or dementia? Do you suspect that your grandmother’s power of attorney (POA) is taking advantage of her? Are you worried that a caretaker or neighbor will steal money from your elderly, vulnerable parents?
When should you file a guardianship action in Florida? Is your elderly mom or dad being taken advantage of by his or her POA? What can you do to stop a bad POA from stealing from the person he or she is supposed to be assisting? Do you think that someone may be financially exploiting, or stealing money from, your elderly relative? You may wish to read a March 6,2019 Fourth DCA opinion, Johnson v. Florida.
Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action? Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.
A probate court in Florida may, at any time, and on its own initiative, sanction a party or a Florida estate lawyer for bad faith conduct. There are rules for when a court sanctions a trustee or Florida executor or lawyer.
In probate litigation cases in Florida, there are sometimes disputes regarding attorneys fees. Do you need a West Palm Beach lawyer who is experienced with trials regarding attorneys fees? Who is entitled to attorneys fees in a Florida litigation case? What do Palm Beach attorney fee hearings entail? Can you challenge an order determining entitlement to an amount of attorneys fees and costs. You may wish to read a recent attorney fee case from the Fourth DCA, In Corominas v. Ajay Development Group, LLC.
Can a Ward get married? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
When is an offer of judgment invalid? Is a general offer to settle both equitable and damage claims permitted under section 769.79 of the Florida Statutes? When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc., discusses this issue.