Are you currently drafting a West Palm Beach will and estate plan? Do you know who you want to serve as the personal representative? Do you know the rules under Florida law for determining who can serve as the personal representative in your West Palm Beach estate’s probate? Know the rules now and avoid a confusing dispute later.
Do you know how Florida’s homestead exemptions and rights work? You may be surprised butFlorida law limits your right to devise your West Palm Beach home if it is a homestead.How can you tell if it is homestead property? What are the limitations? Check out our crash course on Florida Homestead.
A West Palm Beach will contest challenges whether the document offered for probate is a valid will. The contestants can raise any matter tending to show that the will is not valid and should be denied probate. Did you know that a will may be partially invalidated through a West Palm Beach will contest if only part of the will was obtained through duress, fraud, undue influence, mistake, insane delusion or amended with lack of testamentary capacity. Learn more about how to turn your West Palm Beach will contest into a victory.
Have you just been served with the notice of administration for a West Palm Beach estate? Are youshocked at who was named as the personal representative? You may have grounds for a will contest if you suspect foul play and undue influence/ fraud. Do you know what you will have to prove to be victorious in West Palm Beach probate court? Learn more here.
Look, experienced Palm Beach probate litigators know that mistakes happen. But can youchallenge a will based on mistake? The answer depends on the nature of the mistake but do you know the rules for West Palm Beach probate court? Check out the different ways a mistake could make or break your case in a will contest.
Are you the settlor of a Palm Beach trust? Are you going to have beneficiaries from all over the country? So what happens when your son whose at an internship in Indonesia decides to sue the trustee in Indonesian Court? Hopefully you though to include a forum choice clause in the trust charter. Don’t know what I am talking about? Check out an interesting case out of the Fourth District Court of Appeals.
Can a Delray Beach personal representative of a Florida estate get a Florida probate court to divide and distribute real estate, real property, located outside of Florida? Not in Florida’s 4th District Court of Appeal. If you are involved in a Florida estate which has out of state, non-Florida assets likereal estate located outside of Florida, and you want to “probate it”, that is, divide it and distribute it, you should read this July 15, 2015 Palm Beach estate appeal case. You can divide the non-Florida real estate here in Delray Beach probate court, but you can’t distribute it. But wait…. I thought a Florida probate court could order the personal representative of the Palm Beach estate do any number of things? To consider this Florida probate issue, consider the following:
Are you in the midst of a West Palm Beach will contest or trustee dispute? Are you sure that you and your West Palm Beach probate litigator are preserving the issues for appeal?Experienced litigators know that an error not preserved is an error unheard for the most part. Just remember if you do not correct an error in the record or overlook it, it could come and bite you later. Don’t believe me? Check out this case out of the Fourth District Court of Appeals.
Do you think the judge has it in for you? Or worse does it appear she does not like your attorney. You may be entitled to a new judge but do you know how to get what you are legally entitled to? Experienced Palm Beach probate litigators know that getting a judge to admit bias can be hard to do. Are you prepared to appeal if necessary to keep your judge unbiased? That’s what one litigant had to do as part of a very high profile tobacco case in West Palm Beach, learn more.
Are you considering appealing a client’s case in West Palm Beach or Miami-Dade County? Are you sure that the cause is merited and will not subject you to sanctions under Fla. Stat. 57.105? A recent per curiam appeal from the Third District Court of Appeals had quite the concurrence, where the Honorable Judge Shepherd had quite harsh words for Appellants counsel. Learn more below.