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Yearly Archives: 2015

Illinois Probate Appeal: Creditor Denied Claim in Probate Court After Filing in Separate Court for Foreclosure

Uncategorized Dec 8, 2015
post about Illinois Probate Appeal: Creditor Denied Claim in Probate Court After Filing in Separate Court for Foreclosure

Are you currently serving as the personal representative of a Florida  estate that is embroiled in Florida probate litigation? Often times probate litigation can spill into other Court’s as well and you may end up asking your Florida trust lawyer if they can also help you in a foreclosure action! That is what happened in this recent case out of Illinois, check it out to learn more. 

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Florida LLC Real Estate Easement Case Goes Back to Trial Court

Uncategorized Dec 7, 2015
post about Florida LLC Real Estate Easement Case Goes Back to Trial Court

What in the world does a probate litigation lawyer Florida need to know about  real estate easements and rights of way and prescriptive easements Florida for, anyway? Well, many Palm Beach estates have interests in real estate such as vacant land or lots and lands.  Estate lawyers Palm Beach may also have an interest in a Florida limited liability company to deal with. And that Florida LLC may be in the middle of commercial litigation; and if the LLC owns real estate, there may be a boundary dispute.  Who has the right to use your land and can someone actually take your land or your right to use that land?  Everyone seems to know about adverse possession, but what about prescriptive easements?  Florida probate litigation lawyers need to convey clear title when they settle a case, or when they have to sell a piece of realty that was the subject of litigation, or where a lis pendens Florida may be filed. So, if you are an investor or partner in a partnership or a limited liability company, and you own real estate, you may want your business litigation law firm West Palm Beach to read this November 6, 2015 5th DCA case, 5730 Lake Underhill, LLC v. Smith-Horner LLP, 40 Fla. L. Weekly D 2498:http://www.5dca.org/Opinions/Opin2015/110215/5D14-3564.op.pdf

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Why Hire a Probate Lawyer when There are Will Websites? Can a Website Make a Valid Florida Estate Plan?

Uncategorized Dec 7, 2015
post about Why Hire a Probate Lawyer when There are Will Websites? Can a Website Make a Valid Florida Estate Plan?

Are you currently drafting a simple Florida estate plan? Your number  one goal should be to avoid Florida probate litigation that could eat up the entire estate in litigation fees. Before you go to a simple legal services website you should consider what a Florida trust lawyer or a Florida estate lawyer bring to the table. Here are a few things a legal services website likely will not (or cannot tell you). 

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Here Are 3 Big Reasons to Consider Probate Mediation BEFORE the Probate Lawsuit (Hint: You May Have to Anyways)

Uncategorized Dec 7, 2015
post about Here Are 3 Big Reasons to Consider Probate Mediation BEFORE the Probate Lawsuit (Hint: You May Have to Anyways)

Why are more and more people considering probate mediation as an   alternative to Florida probate litigation?Florida trust lawyers and Florida probate litigation attorneys are recommending this form ofalternative dispute resolution more and more. Do you know why probate mediation is “all the rage” is West Palm Beach? Here are a few reasons. 

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What to Look For When Selecting a Probate Mediator

Uncategorized Dec 7, 2015
post about What to Look For When Selecting a Probate Mediator

Florida probate litigation can get expensive and some people are choosing  to turn to alternative dispute resolutionas a result. Did you know that your local Florida trust lawyer may also do inheritance and trust mediation? What do you need to know about mediation that Estate lawyers in Florida already do. 

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Homeowners Win Appeal of Dock Easement in Florida’s 2nd DCA: November 6, 2015 Summary Judgment Reversed

Uncategorized Dec 7, 2015
post about Homeowners Win Appeal of Dock Easement in Florida’s 2nd DCA: November 6, 2015 Summary Judgment Reversed

Florida probate lawyers know that there is often a lot of homestead litigation in and out of probate court.  People fighting over who inherits mom or dad’s house in Boca Raton or ranch in Jupiter.  But many times, estate lawyers deal with real estate and people making claims to real estate.   When they go to sell Florida real estate, you have to give good, clear, “clean” record title.  And that’s where a title company can find encroachments or easements which affect title.  Many times, for Florida real estate litigation, people turn to commercial litigation law firms.  However, probate litigators Palm Beach seem to have their fair share of real estate litigation.  If you are involved in real estate or investment litigation, particularly one involving an easement, you will want to read this November 6, 2015 2nd DCA appellate opinion.  Also, if you are involved in probate litigation, and this recent case is not a probate case, but there was a motion for summary judgment filed against you,  you should also bring this case to the attention of your estate lawyers.  This was a summary judgment case which was granted at the trial level, andreversed on appeal.  Here is a copy of the 2nd DCA opinion on this dock easement caseHagelin v. US Funding Group, LLC, 40 Fla. L. Weekly D 2517:  http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D14-2871.pdf

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Will Contest Florida Ruling Affirmed on Appeal: December 4, 2015 5th DCA sister defeats brother over mom’s will

Uncategorized Dec 7, 2015
post about Will Contest Florida Ruling Affirmed on Appeal: December 4, 2015 5th DCA sister defeats brother over mom’s will

Probate litigators in Florida are used to handling will contest cases. So, you will want to read this December 4th, 2015 Florida 5th DCA appellate opinion on a will contest matter which was upheld on appeal based upon the typsy coachman doctrine. The what?  Here is a copy of the will contest Florida opinion, Case No. 5D14-2118, Luciani, v. Nealon: http://www.5dca.org/Opinions/Opin2015/113015/5D14-2118.op.pdf

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Final Judgment on Interference with Florida Option Contract Reversed (in part) — November 9, 2015 1st DCA appeal

Uncategorized Dec 6, 2015
post about Final Judgment on Interference with Florida Option Contract Reversed (in part) — November 9, 2015 1st DCA appeal

If you are wondering about interference with a Florida contract, you should  read about this real estate lawsuit in Florida which went to the 1st District Court of Appeal.  The case is Howard v. Murray, 40 Fla. L. Weekly D 2532, and the opinion of the 1st DCA is at this link:https://edca.1dca.org/DCADocs/2014/1841/141841_DC08_11092015_105952_i.pdf

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