OK, so you are challenging the Florida will, of, let’s say, your late mother. You have hired an aggressive probate litigator in West Palm Beach to handle the will contest lawsuit and you learn that you are fighting over a very, very large estate.  And what you do learn?  The Palm Beach estate lawyer has revealed that the probate contains a very valuable asset :  Florida real estate.   Maybe mom died with a LOT of vacant land and a mansion in Gulfstream or Boynton Beach.  Should you, a beneficiary or heir at law to a Palm Beach probate, or, even someone who got dis-inherited, and is now filing a probate lawsuit in Florida, file a lis pendens on the Florida homestead or real estate?  What if you are a creditor of the Boca Raton probate: can you file a lis pendens?

The West Palm Beach probate court is limited in what it  can do without you asking first. Were you involved in a will contest or trust dispute and the court gave relief that was not requested by the other side? You may be able to appeal but your time is limited. In some cases you may have as little as thirty days to file an appeal. Check out this new case out of the Fourth District Court of Appeal where the court gave a party a loan modification without either side requesting it, the decision was reversed.

What happens if you are in the middle of a probate dispute West Palm Beach  & the other side does something bad in court?  Can a probate judge in Florida issue sanctions, or sanction, bad conduct in a will contest or fraud trial?  An August 7, 2015 Florida Appeals court case, not a probate case, illustrates the authority and power of a Florida court, in this case Florida’s 5th District Court of Appeal, to sanction bad conduct.  Can you sanction a Florida probate lawyer and not necessarily just her client?  

In West Palm Beach you may have a right to collect your  attorney’s fees if you are the prevailing party in probate or civil court. Do you know whether or not you are entitled to fees under a contract or Florida Statute? Know the facts before you get into the heat of litigation and run up a bill. If its too late though and you lost your claim for fees can you appeal? Check out this case out of the Fourth District Court of Appeal, the decision was just filed today on August 19, 2015.

Are you preparing to go it alone in a West Palm Beach jury trial?  What do you need to know about the time consuming pretrial conference? These “executive summaries” of the upcoming trial may surpass all the other allegations in your pleadings to determine what the issues of the trial will be. Are you prepared to get these conferences right? You may only have one bite at the apple! Check out this case out of the Fourth District Court of Appeal to better understand the importance of the pretrial conference.

Are you concerned about recent investment losses?  In West Palm Beach trustees may be liable for imprudent and improper investments that result in foreseeable losses. Experienced Palm Beach probate litigators may be able to recoup investment losses in probate court. Do you know what information you are entitled to so that you can determine the validity of a trustee’s actions?

Are you a beneficiary to a will in West Palm Beach?  Are you concerned about a personal representative’s misconduct? You may be able to petition the West Palm Beach probate court to remove the personal representative. If you want to learn more you should check out this case out of the Supreme Court of Alabama.

Have you been going it alone in a West Palm Beach will contest  and its time for trial? Experienced Palm Beach probate litigators know that a jury can be unpredictable. Are you prepared to win at trialand possibly appeal? Here are three things you should know before you head into your first jury trial in West Palm Beach probate court.

Are you and your family members upset over an amendment  to a loved one’s revocable trust? Did you know that you might have a right to challenge the validity of that amendment if another party procured it through fraud or undue influence? An amendment to a trust that is procured by these means is a nullity with no legal effect do you know how to prove it? Check out this recent case out of the Federal Court in Ohio where family members challenged their aunt’s overreaching into the family trust.

Have you recently been served with a final notice of  administration or petition for dischargefrom the personal representative of a West Palm Beach estate? Experienced probate litigators know that you may waive your right to claim improper actions in the probate administration if you do not object in a timely matter. How long do you have to act and what to do you have to tell the court to object? Check out this recent case out of the Eleventh Circuit U.S. Court of Appeals.