Did you just receive an unfavorable ruling in your West Palm Beach will contest? Now are you considering an appeal? Experienced West Palm Beach probate litigators know that onlycertain types of orders are appealable. Do you know what orders you have a right to appeal? Check out an interesting case out of the Third District Court of Appeals to learn more.
Are you involved in a West Palm Beach guardianship dispute? Are your elderly parents subject to a guardianship proceeding? Has the guardian been appointed an attorney by the West Palm Beach probate court? If that attorney offers bad advice to the guardian and it impacts your relatives do you have a claim for professional negligence? Until recently the answer was actually no. Do you know why? Do you know what changed in Florida probate law? Check out this new case out of the Fourth District Court of Appeals to learn more.
Are you a beneficiary of a large trust in West Palm Beach? Do you know what obligations your trustee owes you? Failure to maintain fiduciary duties may result in hefty liability for a West Palm Beach trustee but do you know what remedies you are afforded? Read more to learn about what duties your trustee owes you and more importantly what remedy you have if they breach that duty.
Are you currently a beneficiary to a trust where the trustee is not performing up to your standards? Do you know how you can remove a trustee without showing a legal fault? Are you currently drafting a trust document in West Palm Beach? Have you considered adding a section for how to remove a trustee? What about a no fault removal clause? Do you know what this is?
Do you know what an interested party in West Palm Beach probate is? You may know that you have to be an interested party to bring a will contest but who constitutes an interested party may surprise you. Check out this interesting case out of Ohio where a woman filed a will contest against her late husband’smother’s estate! Is this allowed? It was in Ohio, learn more here.
Do you know what a power of appointment is? Do you know how to exercise a general or specific power of appointment? Experienced Palm Beach probate litigators know the importance of a power of appointment in regards to a trust. If you have a trust that looks like it goes on forever this is probably an issue. Do you have any powers of appointment that you are not aware of; you may not be able to exercise that power through a general clause in your will.
Are you involved in a guardianship Palm Beach? Or, perhaps you are wondering what is involved in filing for guardianship of your parent. Guardianships in Palm Beach are increasing in number. If you think your mom or dad would benefit from a guardianship Delray Beach, consider these 4 important points about Guardianships in Florida.
Are you serving as the personal representative of an estate that is subject to a will contest? Are you currently out of state and unable to appear for a hearing? Did you know that you might be able to appear telephonically? How do you get this right and when do courts have to allow it? Check out this case out of the Fifth District Court of Appeals to learn more.
If you disagree with what a Broward County or Palm Beach County court, or judge, is doing, or not doing, what can you do? Well most Broward County probate litigators know that you can go to the appeals court with a writ of mandamus request. If you believe that a probate court in Ft. Lauderdale or Delray Beach is not doing something which you need them to do, do you consider a writ of mandamus? What if you NEED the probate court in Palm Beach or Palm Beach Gardens to stop doing something? Should you go to the 4th District Court of Appeal and request a writ of mandamus?
Experienced Palm Beach probate litigators know that even the most seasoned courtroom veterans make a mistake once and a while and forget to serve notice on the opposing party. Any experienced courteous litigator will usually apologize and re-file a notice of hearing with proper service, but what happens when it is the trial court that forgets to notify the parties? Apparently one trial court thought that after neither party showed up for a trial it had not noticed them on that the case should be dismissed. Do you agree? Read more and find out.