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Yearly Archives: 2015

West Virginia Probate Appeal, Proving Lack of Testamentary Capacity Requires Proof of No Capacity at the Time of Execution

Uncategorized Nov 21, 2015
post about West Virginia Probate Appeal, Proving Lack of Testamentary Capacity Requires Proof of No Capacity at the Time of Execution

Do you want to contest the will in West Palm Beach? Wills that are  executed towards the end of the decedent’s life tend to be challenged on grounds of undue influence or lack of testamentary capacity. The latter comes up all the time when their is Alzheimer’s disease or dementia in the picture. Proving lack of capacity may not be as easy as you think though. 

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West Palm Beach Probate Appeals: What is the Doctrine of Renunciation Have to do With a Trust Lawsuit?

Uncategorized Nov 19, 2015
post about West Palm Beach Probate Appeals: What is the Doctrine of Renunciation Have to do With a Trust Lawsuit?

Have you and your Florida trust lawyer discussed the most recent  trust dispute published by the Fourth District Court of Appeals in South Florida? Florida probate litigation can involve family feuds, big bucks and plenty of drama. Estate lawyers in Florida know that under the old doctrine of renunciation you may sometimes have to return some trust funds before you sue to invalidate the trust. Why would you sue for that? Check out this case to learn more. 

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3 Things to Consider Before You Try to Remove the Family Trustee in a Palm Beach Probate Lawsuit

Uncategorized Nov 18, 2015
post about 3 Things to Consider Before You Try to Remove the Family Trustee in a Palm Beach Probate Lawsuit

Are you the beneficiary of a West Palm Beach family trust? Are you sick  of the way your brother treats you because he as the trustee has all the power? You may be able to remove the West Palm Beachtrustee and get a new one put in his place. Do you know how to ask the probate court to appoint a new trustee? Here are the things you are going to have to consider. 

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Can Both Sides Collect Attorneys’ Fees in West Palm Beach Probate Lawsuits? Understanding “Prevailing Party” Clauses.

Uncategorized Nov 18, 2015
post about Can Both Sides Collect Attorneys’ Fees in West Palm Beach Probate Lawsuits? Understanding “Prevailing Party” Clauses.

Litigating a lawsuit in West Palm Beach can be expensive and  probate lawsuits are no exception. There are ways to shift those fees to the other party though. Do you know how to get a Court Order that awards you attorney fees? Check out this recent appeal from a condominium dispute where every party got some fees from the other side. Although it is confusing this case shows – attorneys’ fees can pay off down the road. 

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