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Yearly Archives: 2013

Breach of Trust Cases in Florida Trust Litigation: are the co trustees also responsible?

Uncategorized Oct 28, 2013

Are you involved in trust litigation in Florida?   Many trust beneficiaries seek the help of trust lawyers, specifically trust litigators who assist trust beneficiaries with their inheritance rights.  A recent federal court case reminds us that pleadings in a lawsuit in federal court are different than in state court. Federal court requires more detailed allegations than a plain statement of the facts.  Additionally, this recent case reminds us that a trustee who is alleged to have committed wrongs, or who is sued for breach of trust by a trust litigator, is entitled to have others who participated in any wrong to contribute.  

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Where’s the Money?: assets and inventories in Florida estates

Uncategorized Oct 28, 2013

Where’s all of mom’s money ?  I thought dad died with a lot more.   Florida probate lawyers from West Palm Beach to Coral Springs here these comments all the time they are involved with a Palm Beach estate or a Broward County probate.  Many times heirs, beneficiaries and children wonder where their parents’ assets, bank accounts, stocks and bonds, and cash went to.

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Investing Florida Estate Assets in A “Snail Economy”: what’s a prudent Florida executor to do?

Uncategorized Oct 28, 2013

Are you concerned about how assets and property in a Florida estate are being invested?   Are you a beneficiary or heir or family member to a Florida estate which is supposed to give you your inheritance?  Or maybe you are the Florida executor, the Florida personal representative of the Florida probate and want to know how to invest.  I’m sure that your Florida probate lawyer has informed you about how an estate in Florida is administered. 

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Florida Guardianship Wars: who pays your Florida lawyer fees?

Uncategorized Oct 27, 2013

For good or for ill, the number of Florida guardianships which are contested or litigated in Palm Beach County, Florida and Broward County, Florida are exploding. Yes, Florida guardianship trials are increasing.  Probate lawsuits over who will take care of someone, who will make someone’s most personal decisions, and who will control one’s property, are increasing.  Florida guardianships are not just handling issues of who should make decisions over someone’s health, personal rights and property, but probate courts and guardianship courts from Palm Beach Gardens to Ft. Lauderdale are now judging the “fights” between family members, heirs and advisors of the person who is, may, or may not, be in need of a Florida guardian. 

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Two Common Mistakes in a Florida Estate or Probate Trial: a look at Florida probate trials

Uncategorized Oct 27, 2013

Ready for trial?   Are you involved in a Florida probate or a Florida estate or trust matter, such as a lawsuit, controversy or a “contested” petition for administration?   I’m sure your probate litigator or estate lawyer has told you all about what to expect at a Florida probate trial.  A lot of work goes into preparing for a Florida estate trial.  Many very good Florida estate trial lawyers or probate litigators provide excellent service throughout Florida, from Ft. Lauderdale to Weston and Parkland, up to Boca Raton, and all the way up to Palm Beach. 

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Administratively Closing of Florida Estates and Discharge of the Florida Executor

Uncategorized Oct 26, 2013

Are you involved in a Palm Beach County estate with a Palm Beach estate lawyer that has been closed?  Are you in the middle of an inheritance disagreement and the Palm Beach probate lawyer isn’t giving much guidance?   In Palm Beach, if a probate estate does not stay active, it can be administratively closed.  A Palm Beach estate or Palm Beach probate may be closed by a Palm Beach probate judge if there has been no or little action over the recent past on the court’s docket.  Rather than lying dormant, the Palm Beach estate lawyer and all beneficiaries who have probate lawyers and are involved with the probate court, receive a notice from the judge. 

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Undue Influence, Florida Wills and Florida Probate: who can object to multiple Florida wills ?

Uncategorized Oct 26, 2013

Florida probate lawyers from Parkland, Broward County, Florida,  to Palm Beach, Florida and  Weston to West Palm Beach know that a Florida will may be over-turned if it was obtained by UNDUE INFLUENCE.  Undue influence in a Florida probate or Florida estate administration is an allegation or charge of over-persuasion, fraud or force, that caused someone, a Florida resident, to sign a Florida will.   If proven in a probate trial, the Florida will will be over-turned. 

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Perfect Investment Strategy for Florida Trustees?: how to lawsuit-proof your Florida trust assets?

Uncategorized Oct 26, 2013

Are you the trustee of a Florida trust?  If so, you should know that you are required to invest those Florida trust assets for the benefit of each beneficiary as a prudent investor.   After all, Florida has a prudent investor rule which tells Florida trustees how they should invest (sort of).   So, why is this topic important?  From Stuart, Florida to Ft. Lauderdale, Florida, probate lawyers in Palm Beach, Martin, Dade and Broward are writing wills and trusts.  A big part of that estate and trust practice in Florida is the Florida revocable trust , also called the Florida living trust. 

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How to Win a Probate Fraud Trial: a look at fraud in estates and trusts in Florida

Uncategorized Oct 26, 2013

Do you believe that you are the victim of probate fraud?   Are you involved in probate litigation in Martin County, Palm Beach or Broward County, Florida?  Is there a Florida estate or probate open for a person who died in Florida?  If you are a beneficiary of a Florida trust or estate, or are a creditor of the dead person, you may be getting a number of Palm Beach probate court filed documents or Broward County probate documents which ask you to sign something or agree to something in the estate or probate matter.

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Florida Probate Lawyers and Conflicts of Interest: disqualifying Florida lawyers

Uncategorized Oct 25, 2013

Are you involved in a Florida probate or Florida estate in Palm Beach County, Florida or Broward County, Florida?   Did someone you know or a relative just die in Florida and there is a Florida probate or Florida estate?  If you are involved in a Florida estate, that is being run in Florida, or if you are already involved in probate litigation, have you been faced with an probate lawyer who represents or represented more than one party? 

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