Brevard Probate, P.A.

05/21/2020

🎓 Proud Mama. Got her AA too. 😊 Thank you West Shore!

05/03/2019

Brevard Probate, P.A. is honored to have been selected by West Shore Jr./Sr. High as its business Partner in Education (PIE) of the year!

04/22/2019

This article caught my eye because, unfortunately, we see exploitation of the elderly so often here in Florida. Many times, it is difficult to know whether a person placed in a position as a fiduciary for an older person is a Good Samaritan just trying to help the person out, or if their motive is more selfish - for their own pecuniary gain. The court in a criminal proceeding has to consider circumstantial evidence to determine the intent of the fiduciary.
In this case, the alleged "exploiter" was a neighbor of the elderly person who used her Power of Attorney to withdraw money from the elderly neighbor’s bank account and deposit some of it into her own account. She also used her POA to name her own daughter as the Payable on Death Beneficiary of the elderly person's bank accounts. In the criminal case against her, the mere fact that money belonging to the elderly person ended up benefitting the neighbor was used by the State as evidence against her – to show that her intent was to exploit the victim for her own benefit.
Of course, the standard for the State to obtain a criminal conviction of someone accused of exploitation of the elderly is higher than the standard in a civil case against the wrongdoer. When a person in a fiduciary capacity over an elderly person ends up benefiting from that elderly person’s estate, the family of the elderly person typically has a good case against that person for fraud, breach of fiduciary duty, or undue influence, and will likely be successful in getting the money returned to the elderly person’s estate.

Johnson v. State, — So.3d —-, 2019 WL 1053155 (4th DCA March 06, 2019) The bread and butter work of most probate litigators includes breach of fiduciary

12/21/2018

Merry Christmas from the Brevard Probate Team!

09/07/2018

06/17/2018

Why is it important to make a Last Will & Testament? If you don’t, you may end up with “unintended heirs.” For example: many people do not realize that step children are heirs-at-law in Florida, but only AFTER all other blood relatives. This means that even if you have a stepchild who you consider your own, if you die without a will and without a surviving spouse, children, or other close relatives, the individuals who end up receiving your assets could be distant cousins you barely even knew during your lifetime. As a probate attorney, I have witnessed this and similar scenarios time and again.
If you want to ensure that the assets you’ve worked hard for go to the people you love, take the time to contact an experienced estate-planning attorney about executing a will or trust. The peace-of-mind is priceless.

03/07/2018

I got my first law-office job at age 17, working full-time as a legal secretary during the day, while attending community college at night. It wasn’t until after I graduated from the University of Central Florida and started working for a probate attorney that I found my passion. I loved the nuances of estate administration, but more than that, I found my niche in connecting with these clients and helping them navigate through the probate process during a time when they were dealing with the loss of a family member.
Now, after 10 years of practicing as a probate attorney, I still have that passion for this area of law. I am always striving to serve my clients better and to build my practice without losing that personal connection with the clients that made me want to go to law school in the first place.

12/04/2017

Just obtained a Final Judgment quieting title to a property that buyers and sellers were anxious to close on. Did you know there's a statute in Florida that "cures" deed deficiencies if five years have passed since the deed's ex*****on? If you have a title issue, contact a competent attorney who will give you the time and attention you deserve!