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Yearly Archives: 2015

What is the Right Venue to File Your Probate Lawsuit?

Uncategorized Dec 30, 2015
post about What is the Right Venue to File Your Probate Lawsuit?

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.

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How do I remove a trustee from a Florida trust? a trust lawyer Florida’s roadmap?

Uncategorized Dec 29, 2015
post about How do I remove a trustee from a Florida trust? a trust lawyer Florida’s roadmap?

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?

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Should I Videotape My Will Signing if I Know Someone Will Object to Probate When I’m Gone?

Uncategorized Dec 28, 2015
post about Should I Videotape My Will Signing if I Know Someone Will Object to Probate When I’m Gone?

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?

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What is a writ of prohibition for a Florida probate appeal? 3rd DCA November 25, 2015 writ appeals opinion

Uncategorized Dec 28, 2015
post about What is a writ of prohibition for a Florida probate appeal? 3rd DCA November 25, 2015 writ appeals opinion

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

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What expenses can I be reimbursed for as guardian of my mother? Consider these Florida probate issues before believing you will get reimbursed travel expenses

Uncategorized Dec 28, 2015
post about What expenses can I be reimbursed for as guardian of my mother? Consider these Florida probate issues before believing you will get reimbursed travel expenses

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.

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Are medical records the black hole of undue influence probate Florida cases?

Uncategorized Dec 26, 2015
post about Are medical records the black hole of undue influence probate Florida cases?

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. 

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Recent Probate Appeals Show What Everyone Needs to Know About West Palm Beach Probate Lawsuits

Uncategorized Dec 26, 2015
post about Recent Probate Appeals Show What Everyone Needs to Know About West Palm Beach Probate Lawsuits

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.

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