1-561-514-0900 FREE CONSULTATION

Yearly Archives: 2015

Fourth DCA Case Illustrates How Important the “Starting Point” for Attorney’s Fees Really Is

Uncategorized Oct 16, 2015
post about Fourth DCA Case Illustrates How Important the “Starting Point” for Attorney’s Fees Really Is

Do you have a claim that entitles you to attorney fees in the West Palm Beach probate lawsuit? You may be surprised to learn that a lot of the rules that allow for a collection of fees are not a blank check. The fees start accruing at specific points in time and failure to count properly could mean one of two things. You are either missing out on fees you are entitled to or you are in for a shock when the check is half of what you expected. Do you know the rules for calculating your attorney’s fees in West Palm Beach?

READ MORE

4th DCA Upholds Use of “Trust Protectors” –What IS a “Trust Protector”?

FAQs Oct 15, 2015
post about 4th DCA Upholds Use of “Trust Protectors” –What IS a “Trust Protector”?

A trust protector is recognized under Florida trust law and may be more influential than you realize. Both trustees and beneficiaries should understand who this “legal actor” is. And, what she can do ! Do you have a revocable trust?  Do you use domestic and off shore trusts together to control your wealth?  You may already be familiar with the idea of a “trust protector” that may assist Florida trusts.  She may guide a trustee of a trust in its administration. Traditionally these were not very common for Florida Trusts. A West Palm Beach appeals court however has recognized them in a relatively recent case. How does this change trust litigation and trust administration in West Palm Beach?

READ MORE

Due Process Requires Notice, Third DCA Case Reverses a Marriage Dissolution After Trial Court Changes a Status Conference to a Final Hearing

Uncategorized Oct 15, 2015
post about Due Process Requires Notice, Third DCA Case Reverses a Marriage Dissolution After Trial Court Changes a Status Conference to a Final Hearing

Probate courts in West Palm Beach skirt a fine line everyday in order to  meet two important goals: not wasting the Court’s resources (i.e. our tax dollars) and affording people due process and justice. Sometimes the Court skirts the line a little too close to “budget justice” and that can constitute error. Check out this recent case out of Miami’s Third District Court of Appeal where the Court turned a routine status conference into a final judgment hearing, does that seem fair to you?

READ MORE

The Importance of Claiming a West Palm Beach Inheritance Cannot be Overstated, In Spain a Woman Exhumed a Grave to Get Her Inheritance

Uncategorized Oct 15, 2015
post about The Importance of Claiming a West Palm Beach Inheritance Cannot be Overstated, In Spain a Woman Exhumed a Grave to Get Her Inheritance

Do you have a claim to part or all of a large West Palm Beach estate? Experienced Palm Beach probate law firms are in the business of getting people like you the inheritance they deserve. People from all over the world know that failure to act quickly to preserve your claim could have you looking for alternative ways to prove your right to that money. Check out the recent case of a pensioner living off Spanish social security who is getting a 3 million euro inheritance!

READ MORE

Third DCA Appeal: Failure to Follow Notice Deadlines Could Spell Disaster for Your Palm Beach Probate Lawsuit

Uncategorized Oct 15, 2015
post about Third DCA Appeal: Failure to Follow Notice Deadlines Could Spell Disaster for Your Palm Beach Probate Lawsuit

Are you preparing to administer an estate in West Palm Beach? Do you know all of the notice requirements that you are obligated to follow? I know that specific statutes may seem strict and the rules can be cumbersome but deadlines are important! Want to see what happens when you fail to follow the notices? Check out this recent case out of the Third District Court of Appeal dealing with PIP payments. Do these same strict sanctions for notice rules apply to yourprobate lawsuit?

READ MORE

Bill Graham Estate Battles End Up in Federal Court: What about the Federal Probate Exception?

Uncategorized Oct 14, 2015
post about Bill Graham Estate Battles End Up in Federal Court: What about the Federal Probate Exception?

Are you a fan of Bill Graham? The famous musician was a trendsetter for pop music for over a quarter of a century. What is strange is that his estate’s matters are still in Court  even though he died in a helicopter crash almost twenty four years ago! Why is the Graham estate’s actions being reviewed by a Federal judge? I thought that Federal judges did not touch probate and will administration issues? Check out this interesting probate dispute before you file your probate lawsuit in West Palm Beach. 

READ MORE

New Third DCA Case: Is a Pending Tort Action Grounds to Make Someone a “Reasonably Ascertainable Creditor” in Probate?

Uncategorized Oct 14, 2015
post about New Third DCA Case: Is a Pending Tort Action Grounds to Make Someone a “Reasonably Ascertainable Creditor” in Probate?

If you are a creditor of an estate in West Palm Beach listen up because  this message is for you. Did you know you may have only a few months to file a claim against an estate after a debtor passes away? Do you know what kind of notice the Courts assure you will get? What is the difference between a “reasonably ascertainable creditor” and other creditors? Check out this recent case to find out.

READ MORE

Third DCA Case: Failure to Give Notice Constitutes a Due Process Violation

Uncategorized Oct 14, 2015
post about Third DCA Case: Failure to Give Notice Constitutes a Due Process Violation

Are you defending a breach of fiduciary duty or breach of trust case in West Palm Beach? Did you know that if the other side brings up allegations not in their pleadings (Complaint, Answer etc.) that you may be able to strike them from the record? Failure to give you notice of certain issues may constitute a denial of your due process rights! Check out this recent case out of the Third District Court of Appeals before you go to your next hearing in West Palm Beach.

READ MORE