If you follow our blog, you know Florida Courts do not reward those that sleep on their rights.Do you know how long you have to file a will contest? How long do you have to probate an estate? Experienced West Palm Beach probate litigators know that in some cases families may wait years to finally get the probate started. Don’t believe me? Check out this case out of the California Court of Appeals where a man filed to probate his father’s estate twenty-five years after his death!
Are you an estate beneficiary of a Boca Raton probate? Maybe you filed a Florida will contest but settled the probate lawsuit at an estate mediation in Boca Raton. Well, if you signed a Florida probate document which some Boynton Beach probate lawyer gave to you, and now you want out of it, consider reading the cases which are listed below in this Palm Beach probate commentary. And consider the points below which may be helpful to understand whether you can get out of a Palm Beach probate document which some Florida probate lawyer asked you to sign.
Wondering about a divorce appeal in Florida? Before you even file for a Florida divorce, are you ready for the possibleFlorida divorce appeal? Did you properly preserve issues for appeal during the Florida divorce trial or hearings? Here is a July 31, 2015 Florida 2nd District Court of Appealdecision on dividing assets in a Florida divorce which you should consider reading. If you are going through a divorce now, and your spouse used marital assets or $$$$ to pay off debt on his or her own separate property, you should be entitled to a credit, even if the value of the property went down during your Florida marriage. This sole issue was preserved for appealafter the divorce in Florida and after the Florida divorce judge issued a judgment dissolving the marriage.
Are you thinking about filing for guardianship in Florida? If so, you should know a few things before you get into a guardianship case. Here are 5 things family members should know about filing for guardianship in Florida. In this Florida guardianship commentary, we are talking about a guardianship over an adult person, such as your mom or dad in Florida.
How many times have you been involved in a probate lawsuit, say, over a signed receipt & release Palm Beach probate document, and someone claims “I signed it, but I didn’t read it.” Or, consider all the Florida contract litigation or business lawsuits out there where you have a writing signed by someone and they then file a lawsuit and claim “I didn’t read it.” Here is an August 5, 2015 Miami Dade Appeals Court case dealing with a person who signed documents at a real estate closing and then sued the title company. Everyone involved in business litigation Palm Beach or contract lawsuits West Palm Beach and probate litigation should put this case in their files.
Why are Florida guardianships increasing? As our parents age, their bodies may be holding out just fine, but their minds, well, they, well, …………..slow down. Our parents are slowing down here in Palm Beach County.
If you are involved in a Florida probate lawsuit or will contest, do you get a trial by jury? Well, let’s consider something slightly different. We know that if you were cut out of a Palm Beach estate or Florida Trust by bad acts, you can sue for tortuous interference with an inheritance and demand a jury trial. But…. What if the Florida estate is suing for damages against a third party? If you want a jury trial and you are the Florida Personal Representative of a Palm Beach probate, you may want to read this Florida probate appeal case out of Tampa, Florida just released July 22, 2015. This Hillsborough County appeal reminds Florida estate litigators and Florida probate lawyers that if a trial court strikes your demand for a jury trial, that order is NOT review able by a petition for a writ of certiorari to a Florida appeals court. You can appeal at the end of the trial where the estate is suing for wrongful death.
So, you want your day in Florida probate court, right? And you want a jury trial for your probate lawsuit? Well, if you want a Florida jury trial for your estate lawsuit Delray Beach, do you know, perhaps the one most important rule?
Do you know what the final order rule for appeals is? Experienced Palm Beach probate litigators know that some bad decisions are not appealable. Are you out of luck? Have you considered your non-appeal review options? You may want to consider filing a motion forrehearing.
Experienced West Palm Beach probate litigators know that probate requires cooperation. What are you going to do as a personal representative when the other parties are not cooperating? You may have grounds to hold parties in contempt of court in West Palm Beach for failure to follow a court order. Do you know how to use sanctions to your advantage? Check out a recent case out of the Fourth District Court of Appeal to learn more.