Part of the job of any Florida probate lawyer is to stay current on any changes to the Probate Rules. Well, the Supreme Court of Florida has just, on December 17, 2015, amended the probate rules which pertain to the notice of administration and also some rules for guardians and petitions for emergency temporary guardians. Probate attorneys Florida, as well as guardians and elder law lawyers Boca Raton, will want to read these new changes.
Florida probate litigation attorneys know that when you are the prevailing party, or, when you win your estate lawsuit, or the other side “takes” a voluntary dismissal, you are generally entitled to costs. How do I get reimbursed my costs or expenses in Florida lawsuits? What expenses can you recover,and how do you get your costs back in Florida probate litigation? A new, December 9th, 2015, 2nd DCA case, not a probate case, examines the recovery of costs in Florida trial litigation. The Field Club, Inc. v. Alario, 40 Fla. L. Weekly D 2734 : http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/December/December%2009,%202015/2D14-4838.pdf
If you and a Florida trust lawyer filed a breach of fiduciary lawsuit in West Palm Beach probate court you may find that getting paid is not as easy as it looks. Estate lawyers in Florida know how to usegarnishment laws to get at defendant’s bank accounts but there are strict rules on how and when to do so. Check out this recent case out of Miami’s Third District Court of Appeal to learn more.
What do mortgages have to do with Florida probate litigation? Florida trust lawyers know that sometimes property is subject to multiple mortgages. What do estate lawyers in Florida do when multiple lenders want property that is the subject of an inheritance dispute? Check out this recent case from the Third District Court of Appeal in Miami.
Are you serving as the guardian or trustee of a ward in West Palm Beach? Florida trust lawyers know that sometimes a special needs trust is needed to keep entitlements such as social security. The alternatives are either 1. losing the benefits or 2. waiving the inheritance. What do estate lawyers in Florida know about special needs trust that you need to know before you let your ward accept the inheritance?
Florida trust lawyers know that part of Florida courts is the rule of equity. That means that in Florida probate litigation the Court should partially focus on what is fair under the circumstances. Estate lawyers in Florida know though there are limits to what you can claim in equity but do you know what the limits are? This recent appeal from Miami shows that for one thing the probate court cannot award attorney fees in equity.
Probate lawsuits can get expensive in West Palm Beach but how do you actually pay for it all? There are three forms of fee structures that you may want to discuss with your Palm Beach probate attorney before you sign the retainer. Do you know the specifics?
It is, to say the least, an uncomfortable motion for a probate litigation law firm Florida to file. What I am speaking about? Why, it’s a motion to disqualify the probate court judge. Some estate lawyers Palm Beach refer to it as a motion to recuse. Sometimes, not all the time, you will see these motions filed in atrust lawsuit or even a Palm Beach probate administration. Many times, you see one side in awill challenge Florida or will contest Boca Raton trying to get rid of the judge. Why? Well, if beneficiaries or heirs at law or step-sons, or step-daughters, are fighting mom or dad’ssecond spouse, or there is sibling rivalry, there is a lot on the legal line, right? And, sometimes, not all the time, if one of those parties to a probate Florida loses a motion, or anevidentiary hearing, they feel, well, down. And instead of focussing on the facts, or discovery, or trial strategy, or setting depositions, they improperly get mad at the probate judge. Is this right? Is this what serious trial lawyers do? (No….)
If I were to ask you what all Florida probate litigation has in common you may answer with one word “money.” To be sure, very few Florida trust lawyers are working for free and few heirs are suing for something besides money. That being said it does happen. Check out this recent probate lawsuit where a brother and former spouse filed a probate lawsuit regarding who gets to decide what goes on the tombstone.
Are you currently serving as the trustee in Boynton Beach? Florida trust lawyers know that your investments will be judged according to the prudent investor rule. How can you be sure that your investment decisions will not lead to Florida probate litigation? Check out this recent case out of Michigan to learn how to avoid trustee centered lawsuits in West Palm Beach.