Are you seeking legal and equitable relief in Palm Beach probate court? Do you know the difference between a legal right and an equitable right? Did you know that one might not entitle you to be heard in front of a jury? Do you know how a court will handle a hybrid matter that involves questions law and equity? Experienced Palm Beach probate litigators know how to use this to their advantage.
Are you engaged in a West Palm Beach probate dispute or will contest? Have you and your opponent began discovery? You may be realizing that discovery can be broad and burdensome. Do you know how to get a court to agree with you and stop abusive discovery practices? You and yourPalm Beach litigator may want to read this case out of the Fourth District Court of Appeal to learn when an appeal is appropriate if you feel discovery procedures are being abused.
Are you using a legal form website to make your Florida testamentary documents? Do you know what is necessary to make a valid Florida will? More importantly do you know what is going to happen if you fail to execute the will in conformity with Florida law? Have you heard of a will contest? What happens when part of the will is set aside? Experienced Palm Beach probate litigators know that you get what you pay for. Take a look at these four things to consider that a legal website is never going to be able to discuss with you.
Are you involved in a West Palm Beach will contest? Is the other side trying to produce bogus evidence at trial? Has your Palm Beach probate litigator discussed the idea of getting evidence excluded prior to trial? Are you familiar with these rules? Did you know for instance of a recent case out of the Fourth District Court of Appeal that held that testimony received through hypnosis is admissible?
Experienced Palm Beach probate litigators know that one of the sad things about will contests, trust disputes and inheritance disputes is that often they pit brother against brother or mother against son. Is a civil war worth it to preserve your assets? You may want to see what one mother had to do to protect her own rights against her son. The case centers around the heirs to the “Angel’s Envy” bourbon brand and their infighting.
Remember when you were a kid, the fairytale of a wicked stepmother and stepsisters that tortured Cinderella? An article out of the United Kingdom catalogues the tale of a real life Cinderella who had her inheritance stolen by a stepsister. Could this happen to you and your parent’s Palm Beach Estate and Delray Beach house? Take a look at what happened here to ensure it never happens to your family!
Suicides can often leave many issues unresolved. Have you heard about the controversy surrounding Robin William’s estate? Family drama mixed with the wife’s desire to claim her share has lead to many recent news articles. Do you know what lessons can be learned here for a Palm Beach resident considering an estate plan? Learn more here before you draft your Palm Beach will or trust documents.
Were your promised something from a relative or other individual and that promise was not memorialized in a testamentary document (i.e. will or trust)? What can you do? Did you know the dead man statute in the past might have prevented you from testifying in a probate case for your own interest in that stake? Do you know the status of Florida’s dead man statute?
If you are involved in probate litigation Palm Beach, you and your West Palm Beach estate lawyer will want to read this recent Florida case about getting attorneys fees after a mediated settlement agreement is signed. Why? In Boca Raton estate litigation, mediation is always , almost, ordered before your probate trial Delray Beach. Mediation can lead to a signed mediated settlement agreement, which is often conditioned upon probate court approval. The probate court approval is in the way of an ORDER from the Palm Beach probate court. Many times, probate litigators insert a ” prevailing party” Florida attorneys fee sentence in the settlement agreement Palm Beach Probate. Can you get attorneys fees?
Can you enforce an oral contract on someone who has recently passed away? Do you know how toenforce and oral agreement? The first step may be considering whether or not the agreement is subject to the statute of frauds. A recent case out of the Supreme Court of Florida highlights one major facet of the statute of frauds- the one year rule. Did you know an oral contract that cannot be performed in under a year is invalid and unenforceable? The rule is not as harsh it may at first seem though, take a look at what happened in a case that was filed a few days ago on May 28, 2015.