Bad faith litigation can be tempting in Florida probate litigation. Florida trust lawyers know that often there is bad blood among the litigants and they will usually give their attorney the authority to do almost anything that annoys the other side and makes their lives more difficult. Maybe that is not the best approach though. Do you know why? Check out this recent case out of the Fourth District Court of Appeal that shows why bad faith litigation could cost you big time.
Many times, a contingency fee in a Florida guardianship can make sense for the Palm Beach Guardian, as well as the ward, or incapacitated, or incompetent, person, whom the Guardian is fighting for. Why? Well, let’s say that your mother or father was aging, and a bit frail ,and susceptible to undue influence. If, for example, a bad neighbor or “friend,” or in-law, or stepson, changed the title on your parent’s bank accounts or took money from your parent, you would want to go get it back, right? Many times, when a Florida guardian is appointed, they get counsel, a Florida guardian lawyer to represent the guardian in the incapacity proceeding in probate court. Probate courts in Palm Beach, Delray Beach, and Palm Beach Gardens, hear a lot of guardian cases andlawsuits. But, often, the Florida guardianship lawyer is not a trial lawyer or litigator who will go sue someone to get the stolen money back, or to change back the title or ownership to the Boca Raton bank accounts. Indeed, often, your mom, or dad, who now has a guardian, may not have all the funds or money to afford a probate litigation law firm Florida to sue the wrongdoer. So, it is not uncommon for a guardian’s lawyer Florida to hire a guardianship litigation law firm West Palm Beach to try to get the money back and be paid on a contingency.
Sometimes, Florida probate litigators are asked to take a lawsuit on a contingency fee. Whether you should ask your Florida probate lawyer if a contingency fee makes sense is up to you and your probate attorney. But note that in Florida most probate lawyers do NOT take cases on a contingency fee. “How can I get a contingency fee for my probate case” is a good question, and is sometimes asked by family members or dis-inherited beneficiaries who don’t want to spend hundreds of thousands of dollars fighting to get their inheritance. But what can probate lawyers or estate litigators Palm Beach learn from a November 4, 2015 2nd DCA opinion,Anderson v. 50 State Security Service, Inc.?
There are many procedures and tactics available to probate litigators Florida, who are involved in estate disputes andguardianship matters. Just ask any elder law lawyer about the Probate Rules or the Rules of Civil Procedure. One of those tactics which may be used, mis-used, or perhaps not used enough, is the Florida Motion to Strike.
Florida appeals law has become, well, a specialty or sub-specialty. Or, let’s say it is a unique area of the law where some law firms or lawyers are limiting their practice to Florida appeals. Some attorneys are Board Certified by the Florida Bar in Appellate Law which permits them to be called “experts.” So, if you are involved in Florida probate litigation, do you know what you are doing for an appeal? Do you know how to file an appeal for an estate lawsuit or probate matter?
With the use of revocable living trusts by Florida trust lawyers, it’s not that trust lawsuits in Palm Beach have increased. A recent 4th District Court of Appeal case from December 16, 2015 is a must read for all probate litigation attorneys Florida who deal with trust challenges and trust contests. Here is a copy of the appellate opinion so you can read it in its entirety: http://4dca.org/opinions/Dec.%202015/12-16-15/4D14-3461.op.pdf Do you know how to challenge or attack a living trust ? Do you know, if you are the trustee of the revocable trust, how to defend the trust from a trust contest if there are charges of undue influence ?
Are you and your Florida trust lawyer worried about your elderly parents in West Palm Beach? Anyone involved in Florida probate litigation knows all too well the problems of financial abuse of the elderly.Estate lawyers in Florida may be able to help you protect your loved ones.
How long does Florida probate litigation take?Experienced Florida trust lawyers will likely all give you the same response – it depends. So what does it depend on? Estate lawyers in Florida know that among other things one has to look at the assets and the heirs. Also the probate court’s docket will come into play as well. Check out how one probate case in the former Yugoslavia has been dragging on since the 1980s!
Were you just served with an order to show cause in your Boynton Beach probate lawsuit? How does an order to show cause effect your Florida probate litigation? This is a perfect question for an experienced Florida trust lawyer.
Florida probate litigation can get heated between you and the other side. There are stepmothers who don’t get along with step-daughters and they are fighting over the Homestead or how dad should be cared for, or a power of attorney. Sisters fighting brothers in will contests or trust lawsuits Florida. One thing no Florida trust lawyer wants is for it to heat up between you and the judge. When is it proper to seek to disqualify a probate Florida judge and does it even make sense to ask your Florida estate lawyer to do this? How do you disqualify the probate judge in West Palm Beach?