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Florida Probate Litigation and Motions to Disqualify An Attorney

Uncategorized Oct 12, 2018
post about Florida Probate Litigation and Motions to Disqualify An Attorney

Disqualification of a Florida lawyer is particularly important in a Florida estate, probate or Florida trust case. How can a lawyer be disqualified in a Florida probate or guardianship case? Florida estate planning attorneys, over the course of providing legal services to Florida clients, may be confronted with a potential conflict of interest. What is a conflict of interest? How does the court decide whether an attorney should be disqualified or not?

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Undue Influence and Probate Litigation

Uncategorized Oct 12, 2018
post about Undue Influence and Probate Litigation

Cases involving undue influence can be difficult, and they require assistance from a skilled probate litigator or trust and estates lawyer.Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.Why is circumstantial evidence relied on? Because the person who would be the key witness in the case is deceased! What are the factors that should be considered to prove undue influence? What proves that a beneficiary actively procured the will that is being contested?

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Sibling Rivalry in Trust and Estates Lawsuits

Uncategorized Oct 12, 2018
post about Sibling Rivalry in Trust and Estates Lawsuits

Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. 

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Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Uncategorized Oct 12, 2018
post about Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Are you a beneficiary of a Florida trust? If so, do you believe that the trustee has acted improperly? Has the trustee of your mom’s Florida trust taken funds for his own benefit? Has the personal representative of your dad’s Palm Beach estate failed to act in the best interest of the beneficiaries?  Florida probate litigation includes trust disputes.  You may want to check out Turkish v. Brody, a recent case out of the Third District Court of Appeal, to learn more. 

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Florida Inheritance Rights: Can I Inherit as a “Spouse” if I am not Legally Married to the Decedent?

Uncategorized Oct 10, 2018
post about Florida Inheritance Rights: Can I Inherit as a “Spouse” if I am not Legally Married to the Decedent?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.

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Civil Litigation, Probate Battles, and Video Surveillance

Uncategorized Oct 10, 2018
post about Civil Litigation, Probate Battles, and Video Surveillance

What does video surveillance have to do with civil litigation in Palm Beach? Why would a party in a Miami probate lawsuit want to video surveil someone? How can video surveillance help me in my Orlando probate lawsuit? What is video surveillance? When is it used in Florida civil lawsuits? Can video surveillance help me win my inheritance case? Ask your probate litigation attorney if video surveillance is appropriate for your particular probate matter. Can you use it at trial? Do you want to use it at trial? Will it substantially help your case?

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