Only an interested person may get involved in a Florida guardianship or estate. Are you in or out? Can you get the “keys” to the “courthouse door?” Or is someone preventing you from speaking out? Here is your “last and final“, “all-you-need-to-know” comprehensive commentary about what is an interested person. What are you doing here? Not everyone can participate in a Florida guardianship or probate. You need some connection. Some interest at stake: inheritance, rights, money, property ? After all, let’s say that you and your spouse are going through a divorce. Can I come in to your lawsuit or proceeding and start filing motions ? How about a stranger’s breach of contract case? Of course not. I have no “standing“. I have no right to participate in a legal proceeding that has nothing to do with me. Now, “standing” is different than an “indispensable party“. If someone files a lawsuit and does not join all indispensable parties, the suit could be dismissed. When we talk about Florida probate and guardianships, what is an interested person? ” I want a say in this estate ! …. “ Well, whether one can participate in a guardianship or estate proceeding ( a Florida probate) turns on whether you are an interested person. Whether you have a sufficient legal or financial interest in the proceeding to be allowed to be heard, to participate and to ask a probate judge for relief or assistance. This legal commentary will tell you what you need to […]

Are you being prevented from getting involved in a Florida estate? Know your rights and whether or not you can have a say. We have previously written about what an “interested person” is in a Florida probate or estate. Now, in August of 2024, let’s re-visit this legal issue based upon a new case just handed down. Trust Beneficiaries Is a trust beneficiary able to participate in a Florida estate proceeding? Put another way, what if the estate “goes” to a trust. Can a trust beneficiary get involved in the court estate proceeding? Well, if the trust beneficiary’s interest is likely to be affected by what’s going on in the estate or probate, the answer is “yes.” Read this new opinion from the 4th District Court of Appeal on this very issue. To read more about what an interested person is, you can click this FREE FLORIDA PROBATE COMMENTARY. Remember: those who usually get to be involved in a probate are beneficiaries, creditors, and the executor or “Personal Representative.” But, the definition of who an “interested person” is can vary from estate to estate. And certainly in a guardianship matter. What if they prevent me from getting involved in a Florida probate? Remember, not just ANYONE can walk into court and get involved. You have to have a connection. In a trust contest or a Florida estate, your ticket to the show is whether or not you are an interested person. For more about being an interested person in a […]

Are you a former spouse who is owed back child support —- and your ex-spouse just died? Move fast and file the correct papers in a probate. Get a Statement of Claim on the books properly and ASAP. You just may be able to get unpaid child support payments plus interest — even decades later. Child Support Payments = Estate Claim Unlike great Bordeaux, your claim for unpaid child support does NOT get better with age. If you are divorced and are owed unpaid child support payments and your ex spouse just died, you need to file a Statement of Claim in the probate proceeding right away. Why? Because you are a creditor of the late (now deceased) spouse’s estate. That’s right: you need to “sue” your ex-spouse’s estate. And creditors get paid before a beneficiary sees a dime. Don’t wait. A lot of claimants make the mistake of expecting someone else to open probate. And sometimes that just doesn’t happen. So, don’t sit on your rights ! To read more how to open probate, click here. If there is no probate open, you need to start one. Open it yourself. To read more about creditor’s rights, you can read the Florida Probate Code. There are very short time frames to exercise your rights as a creditor. You may only have 3 months, maybe less, and definitely no more than 2 years after the date of death of your ex spouse. Check out this link for important Florida Probate Statutes […]

A will litigation lawyer Florida may be needed to assist getting your inheritance. But before you start interviewing, here are some insights that may prove helpful. (To learn more about the Florida probate process, you can click this link.) Where’s my inheritance? Ever wonder why it takes some trustees so long to get your inheritance to you? Beneficiaries and family members sure do ! Same question about estate executors or personal representatives. I can’t tell you how many prospective clients call our firm each week complaining about their fiduciary. Did you know that an estate is supposed to be administered “expeditiously?” Common complaints which are repeated over and over again: Will Litigation Lawyer Florida So, do you know the signs of a “good” one? (I know, I know…. what’s “good”?) Here are some considerations . Some questions to ask when you are interviewing attorneys to assist you with your Florida estate or probate matter. Remember: try to interview as many as you have time for.

How do you find a good estate lawyer? You know….the kind that has been involved in hundreds of millions, billions (?) of dollars, of estates over his career. A good Palm Beach probate attorney will fight hard, advise you well, give you legal options and explain everything in plain-English. Everything that your lawyer is doing, right? Secret to finding How do you find a decent Palm Beach Probate Attorney? After all, there are hundreds of Florida lawyers, right? And lots of estate lawyers. Look for a lawyer who LOVES her job. Can’t wait to get into the office. Talks to clients at night. Weekends. Someone who loves being creative, and is passionate about representing his clients How will you know? Believe me………………you’ll know ! Palm Beach Probate Attorney So, here’s more about what is Florida probate. And here’s more about the Florida probate process. Here’s a list of considerations for your search for your “Alpha Dog” probate attorney:

Finding the “right” Palm Beach Estate Attorney probably turns on what you NEED. Read more below if you are in the middle of a dispute. If you need someone to write a will or trust for you, look for a good estate planning attorney. If you need some litigation counsel, consider seeing this short, free video. It just may help you find what you are looking for. Or, keep reading. How to find a good one “Shopping” for a good Palm Beach Estate attorney is kind of like searching for any service provider. What? Are you telling me that there is no difference in finding, say, a good dry cleaner or architect, from a “fire-breathing” litigator? Well, who we hire may be different, but aren’t most of your best search practices the same? Try to find someone who specializes in what you are after, who has years of experience, and someone you connect with. Have faith in. Can confide in. Have confidence in. If you are looking for a lawyer to write a will or trust, or POA, that’s an estate planning attorney. Don’t look for someone who handles probate litigation, trials and appeals. Palm Beach Estate Attorney But what if you objecting to a will or bringing a trust lawsuit? Or, maybe your Personal Representative or Trustee or Executor is not sharing information with you? Then, you need some “firepower”, right? (To see some free Florida probate litigation videos, click here.) Look for someone who backs up his or […]

A Palm Beach Inheritance lawyer may be needed to help you with your inheritance. If you are “contesting” something in a Florida probate or trust, maybe you need a litigator. (Someone who actually handles probate trials + appeals all the time…..NOT just some lawyer who says they “go to court“. ) If you want a lawyer who does more than just “writes letters” demanding your inheritance, and you want a probate litigator, read on. This just may be the best 4 minutes you have spent on your Florida matter. (For more info, you can read free legal commentary and guidance by clicking HERE . ) Palm Beach Inheritance Lawyer = Firepower OK…………..not everyone needs an Alpha Dog, right? Many times, you are going to inherit money from an estate. A Florida probate. Maybe a revocable living trust. So, if you trust your trustee or Personal Representative, you don’t need a Palm Beach Inheritance Lawyer. But……………..what if that person is not sharing information with you? And………..sometimes, things are not breaking your way. Sick and tired of YOUR Personal Representative or Trustee not showing you the books? Or NOT telling you where YOUR money is? What can you do? (For a brief read, free, on whether you need to hire a pitbull or not, read THIS.) Baby Steps OK…………..so there are some basic, simple things which you can do. First of all, you can open a probate. That’s a court proceeding. Why? Because it causes all “interested persons” to play by the […]

Who are Florida heirs and how much do you inherit? Heir Inherit an Intestate Estate Many people die in Florida without a will. When that happens, the estate is called an “intestate” estate. The Florida laws of intestacy rule. What do the laws of intestacy say? They say that heirs inherit. How much? The entire estate. But remember, that you have to pay taxes, claims, creditors and expenses of administration before beneficiaries see a dime. (For more on intestacy, click here.) Who Are Florida Heirs? OK…………..so, who, exactly are Florida heirs? First of all, a surviving spouse is. Descendants are. Like minor or adult children and a deceased child’s children. Note that being an “heir” is different than being an interested person. If the spouse of the deceased Florida resident is the parent of all the children of the deceased Florida resident, the spouse takes the entire estate. Unless he or she waived inheritance rights. Like in a prenup. Then, her or his rights to inherit are limited by the prenup. Assuming the prenup is valid or cannot be turned over. But , then again, sometimes people fight about the “plain” language in a prenup. If the spouse is not the parent of one or more of the deceased Florida resident’s children: the spouse takes half the estate and the other heirs take the other half. Remember: homestead is often a very valuable asset. That’s the one true home of the deceased Florida resident. Although the spouse has lots of […]

Heirs can inherit an entire Florida probate. Like….. all the property of the dead Florida resident. BUT, there are rules. To learn more about whether you are an heir or not, keep reading, or click here. Florida Probates + Family Who are heirs in Florida? That class of “legal actors” are those who inherit under the laws of intestacy. There is a Florida statute right on point in the Florida Probate Code. Check out Florida Statute 731.201(20). These can include the surviving spouse (if any), adult or minor children, and, maybe, grandchildren (children of deceased children). To read more about intestacy, click here. Quick note: an heir may be different than an “interested person.” Remember, not everyone can participate in a Florida probate. You need some connection. That’s an interested person. And remember: often, one’s house or homestead is very, very valuable. So, find out how the house “goes” and see if you get a share. Who Are Heirs and What Do They Inherit? In Florida, a person has the right to dispose of her wealth as she sees fit. That means that she can leave it all to whomever she wants. You just can’t dis-inherit your spouse completely. A surviving spouse has a LOT of inheritance rights. Unless they signed a prenup. Children…………..that’s a different story. But, if there is no will, that’s called intestacy. Heirs inherit the entire estate in an intestacy. What some call an “intestate estate.” But remember, heirs only get paid after all the creditors, […]

This legal commentary is on a Florida estate appeal. It will list each probate ruling which you MUST appeal within 30 days under the “new” Florida Rule 9.170. To learn more about a probate appeal or a homestead appeal, click those links for free commentary. Understanding the Basics So, here are some of the basics to understanding an estate appeal in Florida. After all, every day in Florida, family members, beneficiaries, interested persons and personal representatives are faced with orders and judgments. Knowing if you can live with them, or if it makes sense to take an appeal, are challenges which many face. In many instances, you have to wait until the end of your legal matter (e.g. trial) to file an appeal. You only file an appeal if you believe that the probate court committed reversible error. (For short video on an appeal regarding a petition to revoke probate, click here.) More Basics — to help you understand What do you do if you WIN in the probate court? And the other side appeals? Well, you have a couple of options. One, you may not want to spend the money on an experienced probate appellate attorney. Two, maybe someone else will defend the judgment or order and “fight” the appeal so you don’t have to. Or, three, maybe you file a limited cross-appeal. This may be done if you believe that there was one little, or limited, error that needs correcting. Talk to your probate appeals lawyer about whether […]