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Appealable Orders & Florida Probate

Uncategorized Dec 10, 2018
post about Appealable Orders & Florida Probate

Did you receive an unfavorable order in a Florida probate court? Do you know what an appeal is? Is the unfavorable order appealable? Should you consult with a Palm Beach appellate attorney?   Are you considering appealing? Do you know about the final order rule? You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu. 

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Appealing a Motion to Approve a Settlement Agreement in Your West Palm Beach Probate Case

Uncategorized Dec 7, 2018
post about Appealing a Motion to Approve a Settlement Agreement in Your West Palm Beach Probate Case

Is a settlement agreement being presented to the probate court in your Florida inheritance case? Have your estate lawyers discussed a possible settlement agreement with you that you disagree with? What if the probate court approves a settlement agreement that you do not think is in the best interests of the interested persons? If a motion to approve a settlement agreement had been granted by the probate court, and you believe that it was wrongly granted, you may need to file an appeal.  If you are looking to interview an appellate attorney, feel free to call us at (561)514-0900 Ext. 101. You may also want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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West Palm Beach Estate Litigation: When Can a Trial Court Approve a Settlement Agreement?

Uncategorized Dec 6, 2018
post about West Palm Beach Estate Litigation: When Can a Trial Court Approve a Settlement Agreement?

Are you involved in a probate lawsuit? Has your probate lawyer asked you to consider a settlement agreement? What if a Florida estate owes a creditor a lot of money? Can a settlement agreement be approved between a Florida estate and a creditor? What if you are the beneficiary of an estate and you disagree with a settlement agreement between the estate and a creditor? Can you appeal a motion to approve a settlement agreement? What does a trial court consider when approving a motion for approval of a settlement agreement? If you are involved in a trust or estate lawsuit in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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Florida Probate Litigation: Settlement Agreements

Uncategorized Dec 6, 2018
post about Florida Probate Litigation: Settlement Agreements

Probate lawyers know that, many times, the parties in an estate lawsuit decide to settle, rather than go to trial. When can a trial court grant a motion to approve a settlement agreement? Can an interested person in a Florida estate lawsuit appeal an order granting a motion to approve a settlement agreement? Does the court need to consider evidence before approving a motion for settlement? When should a settlement agreement NOT be approved? If you are involved in probate litigation in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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Attorney’s Fees and Invalid Proposals for Settlements

Uncategorized Dec 4, 2018
post about Attorney’s Fees and Invalid Proposals for Settlements

What happens if you are seeking attorney’s fees under section under section 768.79 of the Florida Statutes but the  settlement offer was not valid. Is a general offer to settle both equitable and damage claims permitted? What if the proposal for settlement is unambiguous? What if the proposal for settlement was conditioned on something?  When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion,  Starboad Cruise Services, Inc. v. DePrince discusses this issue.  

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If a beneficiary knows about a summary administration, but is not given formal notice, are they barred from raising claims in collateral litigation?

Uncategorized Dec 4, 2018
post about If a beneficiary knows about a summary administration, but is not given formal notice, are they barred from raising claims in collateral litigation?

Is a beneficiary of a Palm Beach estate entitled to formal notice of a petition for summary administration? If a beneficiary is not given formal notice of a summary administration proceeding, can they raise claims in collateral litigation? What do West Palm Beach trust and estates lawyers need to know about formal notice? What should my probate lawyer know about summary administrations? What if the record does not clearly indicate whether or not formal notice was executed? To learn more about summary administrations and formal notice, you should read a November 15, 2017 Fourth DCA opinion, Wolf v. Doll.

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You Can Lose a Florida Appeal by Simply Failing to Provide an Adequate Record

Uncategorized Dec 4, 2018
post about You Can Lose a Florida Appeal by Simply Failing to Provide an Adequate Record

Should you have a court reporter present at your probate hearings? How can transcripts help me to win an appeal? What to appeal a trial court’s order but do not have transcripts of the trial court proceedings? Can I file a statement of evidence in lieu of a transcript? If you are involved in family, probate,or guardianship litigation in Florida , you may want to read a June 14,2017 Fourth DCA opinion, Hart v. Streitz.

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Florida Estate Lawsuits and Production of Documents

Uncategorized Dec 4, 2018
post about Florida Estate Lawsuits and Production of Documents

In your Palm Beach inheritance lawsuit, are you seeing the documents you need to make your case? If you are in the middle of an inheritance dispute, are you getting to see the documents necessary to successfully argue your case? Have you seen important bank statements, bank records, medical reports, financial statements, and POA’s? Ask your probate litigation attorney if he or she is filing a request for production of documents to the other side or any party. While the Florida Probate Rules do apply, the Florida Rules of Civil Procedure are very important here. There’s a very specific rule, 1.350 of Florida’s Rules of Civil Procedure, about requesting and producing documents. You should know what your rights are, and how to get documents through the discovery phase of your inheritance lawsuit. Ask your probate attorney for more information or read the rule in its entirety below.

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