Are you involved in Florida probate litigation? Any Florida trust lawyer can  tell you that a probate trial has many ups and downs, the worst of which can be the dreaded “involuntary dismissal.” What can you learn from estate lawyers in Florida about an involuntary dismissal? Check out this recent appeal from a will contest to learn more.

Are you considering bringing a will contest to an estate in Florida?  Estate lawyers in Florida know there are a lot of considerations before one begins Florida probate litigation. One such concern is where are you going to file the lawsuit? The place you file a probate lawsuit is known as the venue. Florida trust lawyers know venue matters. To learn why check out this recent appeal from the Fifth District Court of Appeals.

Let’s say that you are a trust beneficiary of a trust that is governed by Florida law. One of the most commonquestions from trust beneficiaries that our trust litigation law firm West Palm Beach gets is “How do I remove my trustee?”  Actually, one of the most common complaints from trust beneficiaries seems to be: “I want to remove my trustee.”  OK, so, how in the world do you remove a trustee from office under Florida law?

Should you videotape a will signing or when you sign a revocable trust?  That questions is one which not only people with estate plans may think about, but it is also a question perhaps faced by estate planning lawyers Palm Beach.  Why in the world would you videotape a will signing, or what some estate lawyers Florida refer to as the “ceremony” of the will signing or execution, sometimes call the the will signing ceremony or execution ceremony?

Florida probate litigators know that the appeals process to a will challenge or other litigation matter or inheritance lawsuit is unique, with special rules and time frames.  Wouldn’t you want a probate litigation law firm Florida who has a board certified appellate lawyer on board?   Many people who are involved in estate litigation may not understand all the appellate lingo or legal mumble jumbo.  What is a writ or prohibition and why should a Florida trust lawyer, or heir at law, beneficiary or someone involved in a Palm Beach probate care?  Well, a recent, November 25, 2015appeals court opinion, not a probate case, from Florida’s 3rd District Court of Appeal, tells you a lot about what a writ of prohibition is at the appeals court level, and why this appellate tool may be able to assist your probate lawsuit case at the probate court Delray Beach or the trial level.  Here is a copy of this recent 3rd DCA appeal opinion:http://www.3dca.flcourts.org/Opinions/3D15-2065.pdf

Florida guardianship lawyers have had an increasing amount of work over the past 10 years or so. Why? Well perhaps more adult children or 2nd and 3rd spouses are seeking to control or protect someone with the help of the probate courts.  Other probate lawyers Palm Beach might say that adult children and 2nd and 3rd wives and husbands are just more litigious about money and inheritances and the use, or mis-use, of someone’s money as they age, and perhaps get frail or suffer fromdementia.  What costs can a family-member-turned-guardian recover?  Here are some points to consider before you expect to be reimbursed for travel or other expenses which you, as guardian, claim to be spending for your parent’s benefit.

If you are thinking of being a guardian of your parent, or other relative, look before you leap, some guardianship lawyers Florida or elder law attorneys Boca Raton may tell you.  Why?

If you are involved in a Florida probate litigation with claims of UNDUE     INFLUENCE, you may want to read a December 11, 2015 Nebraska Supreme Court case which was a will contest.  The case is Estate of Clinger, 292 Neb. 237, No. S-13-769, ____ N.W. 2d ____:https://supremecourt.nebraska.gov/sc/opinions/2015-12-11.

Probate litigators Florida know that will contests and undue influence cases often turn a lot on medical evidence.  What did themedical records say about the person who signed the will or revocable trust amendmentchanging his or her Palm Beach estate plan?  What do the medical records say about someone’s mental state & mental health, cognitive ability, and the ability to evaluate, consider, comprehend and understand? Can you get the medical records into evidence at your probate trial?  Do the medical records hurt your case or help it?  But, medical records can be a black hole of sorts if you are not careful in your will challenge Boca Raton.  Why? Well, don’t get lost in them, and know where you are going with them.  Do you really understand the medical records, or does your probate litigation law firm understand how the medical records fit in with your estate lawsuit over the will?   Don’t be confused, if you are trying to understandthem.   Part of your job, or at least the job of your estate lawyer Florida, is to make medical records understanable to others, including the judge or jury. 

Have you been going it alone in a West Palm Beach will contest and  its time for trial? You may need to learn some more about Florida probate litigation. Experienced Palm Beach probate litigators know that a jury can be unpredictable. Are you prepared to win at trial and possibly appeal? Here are three things you should know before you head into your first jury trial in West Palm Beach probate court.