Pursuant to Florida law, what is declaratory relief in a trust and estate lawsuit? How can you win a declaratory judgment in a West Palm Beach probate matter? How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?
A very recent Palm Beach Appeals court opinion just spoke to the Florida statute of limitations for declaratory judgment actions. This case is very important for #PalmBeachProbateLawyers as well as #FloridaProbateLawyers. Here’s why:
Learn the secrets of having your rights determined in a Florida probate, estate or trust.
Trust beneficiaries and trustees seek declaratory relief all the time. Filing a “dec action” is permitted by statute and caselaw. What is declaratory relief and how can an action help you? Florida law, 736.0201 specifically permits declaratory relief. What is declaratory relief in a trust and estate lawsuit? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.
What is declaratory relief in Florida trust and estates litigation? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.
Florida’s 4th District Court of Appeal issued a very important Florida attorneys fees opinion. IIt involved the so called Offer of Judgment rule. You should read MYD Marine Distributor, Inc. v. International Paint Ltd.. It held that Florida’s offer of judgment statute, 768.79, may be limitedly available or applicable in cases where monetary, and non-monetary, damages are both sought.
Well the short answer is not much, other than, President Trump vacations at Mar-a-Lago in Palm Beach, just a short drive from the downtown West Palm Beach State Courthouse and the Federal Courthouse which is also located in downtown West Palm Beach. But, if you look at the complaints that were filed against the President for his decision to call a national emergency regarding the border, the immigration issue and the building of the wall, you’ll see that they framed it seeking declaratory relief or a declaratory judgment. That’s no different than what probate litigation lawyers and estate lawyers, trust lawyers do every single day here in the state of Florida. Many times we’re asking for declaratory relief or a declaratory judgment as to what a trust or a will says or who inherits. Declaratory relief, you can have it at the State Court, you can have it at the Federal Court, for federal issues or for Florida probates.
What do I do if the language in an Orlando trust is not clear? How can two people read a Florida trust document and believe it says completely different things? What can I do if my sister and I disagree about the meaning of language in our mom’s trust? Should I call a West Palm Beach probate lawyer?
A recent case from the Fourth District Court of Appeal (DCA) discusses the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state that is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.It is important for people involved in Palm Beach trust lawsuits to understand that motions to dismiss, and the choice of a court room to handle a trial, are actually trials before the trial. These trials before the trial require limited discovery, witnesses, documents, and evidence . Probate attorneys know that a motion to dismiss for lack of personal jurisdiction or a motion to dismiss based upon forum non conveniens can be important for strategic, legal, and financial reasons.
How can two people read a trust document and believe it says completely different things? It happens all the time! Florida trust beneficiaries can interpret the trust document one way, while other beneficiaries, or the trustee, interpret it another way. This can happen even in the face of so-called “clear” trust language. When this happens, a way to resolve the difference is to file a declaratory judgment action and ask a judge to read the trust document and tell everyone what it says. If the trust document is clear and un-ambiguous, the court may be able to rule without the necessity of a trial.