“I’ll pay the mortgage for you.”  “I’ll leave an inheritance for you under the will.”  Do these sound like enforceable promises ?  They are not.  You generally can’t enforce a promise which Florida law requires to be in writing and which is not in writing.  An April 2, 2014 case from Duval County, Florida hits this legal issue head on.  If you are a Palm Beach estate beneficiary, family member or heir who got cut out of a will or trust, you may want to read this.  You DEFINITELY want to read it if you claim that you were promised an inheritance and it’s not in writing.

Let’s say that you are involved in a Palm Beach estate dispute or perhaps a Palm Beach probate.  Depositions are taken.  At trial, a party is testifying and says something completely different than what they testified to at their deposition.  Can your Palm Beach probate litigator use the prior deposition testimony of the party to IMPEACH that party now on the witness stand?  Of course.  Here is an April 4, 2014 Polk County, Florida case where the trial judge did not permit the use of deposition testimony to impeach and was reversed.

Watch out what you say –and agree to — in court, you Palm Beach estate beneficiaries. If you are involved in Palm Beach probate litigation or even a Palm Beach probate that doesn’t have an inheritance lawsuit yet, don’t think that just because “something isn’t in writing” means that an agreement is not enforceable.  This April 4, 2014 case from Florida’s 2nd District Court of Appeal stands for the proposition that ” a deal is a deal“–even when the agreement is oral & in open court.   This is a good case for those estate beneficiaries and family members and heirs at law who want to “Monday morning quarterback” or re-neg on what they previously agree to.  You can’t agree to a deal in a court on a Monday, and then deny it on a Tuesday.

When is a clause in a document which requires arbitration enforceable  ?   Sometimes, people use powers of attorney in Palm  Beach or Ft. Lauderdale to act for another when someone can’t.  Likewise, after one has passed, the estate of the deceased Palm Beach resident may need to file a lawsuit on behalf of the estate, which is filed in the name of the Palm Beach personal representative.  A contract which requires arbitration, and not appearing in a Palm Beach court, may be set aside or declared void if it’s against publicy policy. This may be true for Florida wills & trusts which require arbitration.    An April 2, 2014 Ft. Lauderdale case went to the appeals court for Broward County (and Palm Beach County) and the arbitration clause was held un-enforceable. 

If you are involved in a lawsuit in Broward County or Palm Beach County, you may want to read this April 16, 2014 opinion of the Palm Beach Appeals Court.  This case involved attorneys fees from a Ft. Lauderdale lawsuit:  a law firm claiming it was owed money and which won on “summary judgment” against 1 defendant but not against 2 others.  What is also important about this case is that the law firm’s clients had 15 days to object to any discrepancies in the bill for legal services.

How do you know if the Palm Beach estate attorney you chose is good or great?  It’s difficult, but choosing a professional or service provider always is: especially if you need a Palm Beach probate lawyer or if you are involved in Palm Beach probate disputes.  You may wish to see if the Palm Beach estate lawyer  you are thinking about hiring has been reviewed &  judged or rated by his or her peers.  Is your Palm Beach probate attorney a “top lawyer”?

Boca Raton, Florida — April 17, 2014:   West Palm Beach probate litigator John Pankauski will speak this morning in Boca Raton, Florida on Florida estate law and how Palm Beach probate matters “collide” or overlap with Florida divorce law.   Pankauski, whose probate litigation law firm is based in West Palm Beach, will address probate lawyers, estate planning attorneys, as well as trust officers and accountants today at the Boca Raton Commmunity Foundation, sponsored by Northern Trust. 

Can a Florida estate sue a golf course for wrongful death if a golfer fell to his death from a rocky point high above the ocean?  This probate lawsuit, or Florida wrongful death lawsuit, pits a deceased golfer’s estate against some major corporations and golf resort.   If you are involved in a Florida estate where a death was caused by a fall or injury on a golf course or a resort, you may want to read this South Florida Federal Court Case.  This case deals with what type of duties –if any– a golf course owes its golfers and to what extent the probate estate can recover for that death.  In this case, the personal representative of the Florida estate sued for wrongful death.  The decision was handed down on April 9, 2014 after a jury trial and appeal.  But the case is going to back to court.  You can view it at the Appeals Court website.  The  U.S. Court of Appeals (11th Circuit) case number is: 12-15739

This is a case of a minor child born out of wedlock and her Florida probate rights to inherit from the estate of her father, who disappeared.  If you are the parent of a child whose father just disappeared, your child may be able to inherit if the father is presumed dead by a Florida Probate Court.  If a minor child is left out of the last will in Florida, the minor child may also be able to inherit. It depends on whether the child is a pretermitted child (left out child) under the Florida Probate Code. You will want to read this April 9, 2014 Florida Probate Code opinion from an appeal in Florida’s 3rd District Court of Appeal.

Talking smack can get you into a Palm Beach lawsuit.   Unreasonably injuring someone’s good reputation in Palm Beach can put you on the end of a defamation lawsuit.   Here is a Palm Beach defamation lawsuit whose legal opinion was just handed down 2 days ago by the Palm Beach appellate court, sitting in West Palm Beach.  If you are involved in Palm Beach business deals or are apt to talk poorly of another, you need to read this.   When you open your mouth, it can be costly.