Have you been forced into a frivolous lawsuit in West Palm Beach probate court? You may be able to get the costs and attorney fees pushed to the other side. Do you know how to use Florida’s 57.105 statute to get attorney fees? Check out this recent case from the Third District Court of Appeals where one litigant got attorney fees from the Florida Department of Revenue! If he can get money out of the government why are you not getting them in your West Palm Beach frivolous lawsuit.
What is needed for a West Palm Beach will to be validly executed ? Did you know that your foreign will from another jurisdiction may still be admitted to probate for your West Palm Beach estate? You should learn the formalities of executing a will in West Palm Beach to make sure your probate lawyer got it right. You also probably should know the rules on reciprocity so that you can get your foreign will admitted to probate in West Palm Beach without any problems.
Has a family member named you as the trustee of the newly created family trust? Are you wondering what yourfiduciary duties are? Experienced Palm Beach probate litigators know that often times getting the family trusts checkbook does not mean you got a “New Trustee Guide” along with it. Do you know the dos and don’ts of being a trustee in West Palm Beach?
Do you want to contest a will in West Palm Beach? You may want to start by challenging the testamentary capacity of the testator. Do you know how to determine if someone has testamentary capacity? You may want to start by understanding how a West Palm Beach probate court looks at testamentary capacity.
West Palm Beach probate litigators know that an inheritance dispute does not have to be about cash or stocks sometimes the family heirlooms are the subject of dispute. Do you know who is going to hold your family heirlooms in trust or escrow while you duke it out in probate court? Check out this recent probate case out of Pennsylvania dealing with World War 2 memorabilia. This also brings up some important issues are you prepared for a tax bill after the probate case closes?
Usually, we think that one’s property “goes to” those heirs or beneficiaries who are named in the will, right? But, a new Hollywood estate lawsuit puts the estate of Marilyn Monroe in the middle of a dispute over holograms, digital images and the issue of who gets to use one’s likeness. Millions of dollars could be at stake over a matter that most estate attorneys would say should have been resolved in probate court decades ago when the famous actor died.
Are you the trustee of a Florida trust? If you are, do you want to use trust funds to defend yourself if you are sued in a Palm Beach trust lawsuit by a trust beneficiary? Well, you may not be allowed to use trust funds to defend yourself. If you are the trustee of a Florida trust, and you need a Florida defense attorney or a Florida trust lawyer or litigator, you should read this commentary and discuss it with your litigation team. Consider a Florida trust law firm with a big practice of defending Florida trustees in trust lawsuits from beneficiaries. Read on and read Florida Trust Code section 736.0802 (10).
Are you the executor of a Palm Beach probate and have found out that someone owed the estate a bunch ofmoney under a contract, but has not paid it? Well, you may have to sue the person who broke the Florida contract and get the money for the estate. Do you know when the statute of limitations runs out for breach of contract lawsuitsin Florida? Well, how about this. What if you are a probate beneficiary of an estate or mom or dad’s revocable trust which had abank account in Boca Raton that avoided probate. You ask the trustee for information about the Boca Raton bank account of the trust and you find out that over a period of 7 years, the trustee improperly took out $50,000 each year in violation of the Florida living trust. You want to sue the Florida trustee to get the money back to the trust. When does the Florida statute of limitations end for the trustee improperly taking the money? You may want to read a recent, September 30, 2015 Palm Beach appeals court opinion on the Florida statute of limitations for breach of contract. This is NOT a Palm Beach probate case, but it does address the running of a statute of limitations when there are multiple wrongs. What does a Palm Beach executor of a will or a trust beneficiary need to know about the statute of limitations in Florida? Read on.
Do you know what a nuncupative will is? Are oral wills admissible in West Palm Beach probate courts? If you are unsure if your foreign will is admissible in West Palm Beach you may want to check out this new case out of the Fourth District Court of Appeal dealing with an oral Argentine will.
West Palm Beach probate courts are only going to look at your case if you file within the period described in the statute of limitations. Do you know how long you have to file a will contest in West Palm Beach?Here is a quick hint; it is not as long as you have to file other actions like breach of contract. Know the rules or you risk losing your claim forever.