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Yearly Archives: 2015

2015 Ohio Court of Appeals Case: Using Motions in Limine to Win the Case Before It Starts.

Uncategorized Jun 29, 2015
post about 2015 Ohio Court of Appeals Case: Using Motions in Limine to Win the Case Before It Starts.

Are you preparing for a West Palm Beach will contest?   Have you chosen a jury trial or are you waiving your right to a jury and going with a bench trial? Either way by now surely you have seen the good and the bad and the ugly when it comes to evidence in the case. Experienced Palm Beach probate litigators know that the goal is to keep out the bad and the ugly and to keep the good. Do you know how? You may want to consider filing a motion in limine. Check out how they helped an Ohio litigant in this recent probate dispute.

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Fiduciary Duties of a West Palm Beach Trustee: How Can You Recognize a Breach and What Can Be Done to Remedy It?

Uncategorized Jun 29, 2015
post about Fiduciary Duties of a West Palm Beach Trustee: How Can You Recognize a Breach and What Can Be Done to Remedy It?

Experienced Palm Beach probate litigators deal often with trusts,   trustees and the attaching fiduciary duties. Beneficiaries often want to know how can I know when a trustee breaches their duty. The truth is its not like you are going to get a “breach of fiduciary duty” notice coming in the mail. But knowing what your trustee owes you is a good place to start. Do you know what a trustee owes you? Lets start there.

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What Happens When You Die Without A Will In Florida?

Uncategorized Jun 29, 2015
post about What Happens When You Die Without A Will In Florida?

Have you ever wondered what happens to your assets if you don’t have a will? Do you know someone in Palm Beach  who passed away without a will? When someone dies without a will in Delray Beach it is known as dying intestate. To determine who inherits the Palm Beach estate, Florida Courts utilize intestate succession to find the rightful heirs. Here are a few things you need to know about Florida intestacy.

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Kansas Court of Appeals Case: What is a No Contest Clause?

Uncategorized Jun 29, 2015
post about Kansas Court of Appeals Case: What is a No Contest Clause?

Are you concerned that your relative’s will may be  invalid due to lack of testamentary capacity? Are you concerned about undue influence? Is the only reason you are not contesting the will is you are afraid it could result in you losing your inheritance under the no contest clause? Are these enforceable in Florida? The answer may surprise you.

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Texas Court of Appeals Case: What Time is Relevant for Analyzing Lack of Testamentary Capacity?

Uncategorized Jun 29, 2015
post about Texas Court of Appeals Case: What Time is Relevant for Analyzing Lack of Testamentary Capacity?

Did you know that even if you are deemed incompetent and   subject to a Florida guardianship you may be entitled to execute a will? The question is one of testamentary capacity and not competence. Do you know the difference? The question of testamentary capacity relates to the time the will was executed, so maybe you had a lucid moment.  Do you know how to challenge testamentary capacity in West Palm Beach trial court? Check out this case out of the Texas Court of Appeals to see the importance of jury instructions.

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First DCA Case: Motion to Disqualify Opposing Counsel Granted, See How!

Uncategorized Jun 27, 2015
post about First DCA Case: Motion to Disqualify Opposing Counsel Granted, See How!

If you follow this blog you know that it is not uncommon for a   party to motion to disqualify an arbitrator or trial judge in West Palm Beach. Did you know that you could also ask the court to disqualify the other side’s counsel? Do you know when the motion has to be presented and heard? Do you know what you will have to allege and later prove in West Palm Beachevidentiary hearings? Check out this recent case out of the First District Court of Appeal.

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Fla. 1st DCA: How Can a Plaintiff/Decedent’s Own Negligence Reduce Collection in a West Palm Beach Wrongful Death Case

Uncategorized Jun 27, 2015
post about Fla. 1st DCA: How Can a Plaintiff/Decedent’s Own Negligence Reduce Collection in a West Palm Beach Wrongful Death Case

Are you currently suing on behalf of a deceased relative’s estate   for wrongful death? Do you know how your relative’s own negligence may reduce your recovery of money? Experienced West Palm Beach probate lawyers know that Florida is a pure comparative fault state meaning the other actor’s negligence judgment will be reduced by how negligent the decedent was.

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