Do you know what summary judgment is? In a recent case of medical malpractice brought by thepersonal representatives of a South Florida estate the hospital won on summary judgmentbecause there was no dispute of material facts. If you want to know what that means you may want to learn more about this medical malpractice case appeal out of the Third District Court of Appeals. If lawsuits are like wine this case has to be a classic its over twelve years old!
Are you involved in guardianship matters or end of life, health care decision-making?
Some call it elder abuse or financial exploitation, or elder exploitation. Some in Palm Beach county may refer to this financial abuse Florida as financial crimes against the elderly. But what we are talking about, and what many probate lawyers Palm Beach must deal with, is an older client, such as a senior citizen, being taken advantage of financially. In Florida estate or probate circles, this may be referred to as civil theft, conversion, and even larceny. In Palm Beach Countyand indeed Florida, there are elder laws which protect our seniors and permit them to filecriminal charges against financial predators Florida, as well as seek civil remedies ordamages, such as the return of their money in probate court or the civil division or trial division of our court system.
Are you currently serving as personal representative of a West Palm Beach estate that is embroiled in a wrongful death case? Experienced Palm Beach probate litigators know that any tort claim can be difficult to maintain but the job can get a lot harder when wrongful death and estates are involved. You may want to know the basics such as the fact that you are entitled to a copy of all relevant insurance policies! Check out Florida Statute 627.4137 and more to learn how you can win your wrongful death action today.
A Last Will and Testament is written down but like anything ever written down it may be subject to multiple interpretations. Are you sure that it says what you think it says? Clearing up ambiguities in West Palm Beach will contests can be tricky – after all the guy who wrote it is no longer around! Are you prepared to fight and show the will’s true meaning? Check out this case out of the Fourth District Court of Appeal where parties went to bat over the terms of a contract.
Just because you lost the war does not mean you need to lose every battle. Have you recently been found liable for damages in West Palm Beach civil or probate court? Are you worried that the court improperly calculated damages? You may be able to have the court rehear the damages and to get that number reduced. Want to see how? Check out this recent case out of the Fourth District Court of Appeal.
Sometimes an inheritance can be expensive, too expensive in fact. Do you know why? Often times that luxurious beach house in Boca that you just inherited comes with some expensivemaintenance bills not to mention a mortgage and taxes! What happens when you cannot afford the house anymore, do you have a right to ask the estate for help? Check out what is going on as Robin William’s estate is back in Court as his former wife files a complaint saying she cannot afford to live in her beach house anymore.
Can a Florida power of attorney bind someone to arbitration instead of a trial? What about the extent of the POA? Can it bind some to arbitration over liquidated damages in Florida, or unliquidated damages? What in the world are you talking about? (you are probably asking, right?) Well, if you are involved inpower of attorney litigation Florida, if someone used the Florida power of attorney, and you question the scope of the POA or the authority of the POA, consider reading Florida’s 1st District Court of Appeal case Santa Rosa Investors Inc v. Wilson, Case 1D14-3935.
Many dis-inherited heirs & family members seem to know a lot about fraud when they want to file a Florida inheritance lawsuit. Did you know that an Undue Influence case in Palm Beach probate is a species of fraud? Wondering about fraud in a will contest or a challenge the will lawsuit in Florida probate? Well, just how long do you have to sue for fraud if you want to file a Florida probate litigation matter? Consider reading the August 19, 2015 Florida 4th DCA case ofOgnenovic v. David J. Giannone, Inc., 4D14-4833, which discusses the statute of limitations for fraud in Florida. Although this is not a probate case, it is very helpful.
So, for you Florida trustees, executors of wills in Florida, and personal representatives of Palm Beach probates: if you are embroiled in Florida probate litigation, and you have a statute of limitations defense, listen up to what the Palm Beach appeals court has to say.