Did your mother or father recently pass away in Florida, owning a bank account, house, or condo? Perhaps you live out of state, not in Florida, and you’re wondering where your inheritance is? I can’t tell you how many calls we get from out of state adult children who just lost a parent who lived in Florida.
Probate lawyers throughout Florida know that injunctions can be very beneficial in some circumstances. For example, an injunction can be used to prevent a Florida trustee from wrongfully draining a decedent’s bank accounts. In addition, an injunction can prohibit someone from conducting specified financial transactions without a court order. It is important for your trust lawyer to be very familiar with the Florida laws regarding both temporary and permanent injunctions. This is so that they can properly assist you in asking the probate court for an injunction. Furthermore, if an injunction is filed against you, an experienced estate lawyer can help you dispute it.
Unfortunately, probate litigators and guardianship attorneys are seeing more and more litigation involving elderly people being taken advantage of by caretakers, power of attorneys, family members, etc. These cases often involve a POA who does not act in the best interest of the person under his or her care. Did you know that financial exploitation of the elderly is also a crime? A recent Fourth DCA opinion, Johnson v. State of Florida, discusses a case where a woman takes advantage of her elderly neighbor.
When does a person need a guardianship rather than a POA? Can I become the POA of a person if they already have dementia before they sign the POA? What do guardianship lawyers in Florida know about how suspicions and accusations of financial exploitation can be avoided? Should you file for guardianship of an elderly person that you believe needs care? How can a guardianship help to prevent an elderly family member from being taken advantage of?
Frequently, financial exploitation of the elderly cases involve someone abusing or misusing a power of attorney (POA). For example, we often see caretakers or greedy family members taking advantage of an elderly person by unduly influencing the elderly person to make them his or her POA. Once the POA is obtained, the caretaker or family member uses the POA to withdraw funds from the elderly person’s account ,or uses the POA to change the beneficiaries on the elderly person’s bank accounts. If you are looking to learn more about POA misuse and financial exploitation in Florida, you should read a recent Fourth DCA opinion, Johnson v. State of Florida.
Do you have suspicions that the POA of an elderly person is abusing their power as POA? What can you do if a person signed a POA while incapacitated? Can a valid POA be created while the person signing the POA has dementia? Can you use a POA to withdraw money for yourself? If you believe that a POA has been used to take money from an elderly person or family member, you may want to read a recent Fourth DCA opinion, Johnson v. State of Florida.
Did you receive an unfavorable judgment in a Florida family court or probate court? If so, you may be entitled to a motion for rehearing. What is a motion for rehearing? What should West Palm Beach probate lawyers know about motions for rehearings? What are the rules when it comes to Florida civil litigation and motions for rehearings? If you are interested in learning more about motions for rehearings in Florida, you should talk to an experienced West Palm Beach attorney. To interview Pankauski Hauser, free of charge, call (561) 514-0900 ext.101. You may also want to read a September 5, 2018 Fourth DCA appeal, Mckenzie v. Mckenzie.
What is a pretermitted spouse? What should trust and estates attorneys in West Palm Beach know about pretermitted spouses? If your husband wrote his Florida will years before he met you, you may want to read Florida Statute 732.301.
What is a pour over will ? Should I speak with a Florida trust and estates lawyer to create one? What do I do if my mom has passed away leaving a pour over will? These are all good questions. For a more current commentary on pour over wills, click HERE. But many heirs and family members also want to know about contesting a Florida will.
Probate and guardianship lawyers know that financial exploitation of the elderly is, unfortunately, happening throughout South Florida. There are both civil and criminal remedies for Financial Exploitation in Florida. Financial Exploitation is taken very seriously. It is important to be aware of financial exploitation so that it doesn’t happen to you, or a loved one who may be suffering from Alzheimer’s or Dementia. Many times, the elderly are exploited by someone who is close to them and that they trust. That person may have a fiduciary duty with the victim or even be a family member. What is a fiduciary duty? Does a probate lawyer have a fiduciary duty to his client? You may want to read about a Las Vegas lawyer who may have financially exploited his clients.