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Monthly Archives: January 2019

Cook v. Cook, 2018 WL 4520379 (Fla. 4th DCA Sept. 20, 2018, rehearing granted Nov. 28, 2018)

…The ward in this guardianship case was found to be completely incapacitated, and the trial court imposed a plenary guardianship on him. However, the Fourth District Court of Appeal reversed, finding that the three-person examining committee made their determinations for purposes of their required reports, reporting that a plenary guardianship should be imposed, and without conducting comprehensive examinations of the prospective ward.

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Senopoulos v. Senopoulos, 253 So. 3d 1228 (Fla. 3d DCA 2018)

…A probate court has the authority to appoint someone to serve as personal representative other than the statutorily entitled person to serve, if, on evaluating a person’s fitness to serve, it makes appropriate findings.

In this recent Third District Court of Appeal opinion, the trial court’s decision was reversed because it failed to make such requisite findings.

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2019 Estate Planning

…As the new year begins, and rather than wait for a life event to happen when you wish you had looked at your estate plan, now is a great time to review your current financial and estate plans. Even your plan that is just a few years old may be outdated, and so it may be time for an update.

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