In will contests Florida, many dis-inherited beneficiaries want to get  information about the maker of the will or the revocable trust.  Like, how did I get dis-inherited from the Palm Beach probate or trust that is in Boca Raton?  Beneficiaries and those who object to probate or file a will challenge need their probate litigator Florida to conduct extensive discovery. Often, this can include documents or things in a probate law firm’s files, email communications, or the files and notes and emails of an estate lawyer Palm Beach.  But, often, attorneys assert a privilege, the Florida attorney client privilege.  Do you know how to claim the attorney client privilege if someone is trying to get specifics about your communications with your Florida trust lawyer, emails, or if they are trying to get your probate litigation law firm’s notes and files?  Also, in the Palm Beach probate context, do you know the way around the attorney client privilege to learn of the maker of the trust’s, or the maker of will’s, real intent?  The exception to the attorney client privilege is very important.  Consider reading a non probate case which just came out of the West Palm Beach appeals court, the 4th DCA  yesterday, Las Olas River House Condo. Assoc.  v. Lorh LLC, a December 9, 2015 case: http://4dca.org/opinions/Dec.%202015/12-09-15/4D15-2289.op.pdf

When can you appeal an issue or judgment which your probate lawyers Florida just dealt with at trial or at an evidentiary hearing?  The ability to appeal an order or ruling now, rather than waiting for the end to your inheritance trial, can often create leverage or bargaining power, for people such as heirs at law or trust beneficiaries when they are involved in estate lawsuits Palm Beach.  The Florida appeals rules changed over the last couple of years, with many probate appeals more accessible than ever before; or, put another way, your Boca Raton estate litigator can now appeal a number of rulings–not all of them– without having to wait until the end of yourtortious interference with an expectacy case, or after an inheritance trial such as a will contestor petition to revoke probate.  BUT, if you file a frivilous probate appeal, that can cost you.  Consider reading this November 25, 2015 Florida 4th DCA appeal case, whose opinion was just handed down.  While it does not appear to be a probate case Florida, it holds a veryimportant point of Florida appeals law.  The case is Cosner v. Park, Case No. 4D14-2543, 40 Fla. L. Weekly D 2632: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2543.op.pdf

Everyone from Florida probate lawyers to beneficiaries of estates and heirs at law know what an executor is.  An Executor is the person who runs an estate or a probate. In Palm Beach probates, we call an executor a personal representative.   Personal representatives have very broad powers under the Florida Probate Code, and many times this authority ticks off beneficiaries or in-laws, or sons or daughters who WANTED to control their parent’s estate, but have no power.  But, do you know what a Florida curator is?  How does a curator of a probate or estate work and what does he or she do?  Consider reading a recent, November 25, 2015, Florida probate appeal filed by probate litigation law firms West Palm Beach which went to the 4th District Court of Appeal:  Gordin v. Estate of Wilensky, 40 Fla. L. Weekly D 2639: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2228.op.pdf

Probate lawyers Florida seem to fall into two camps. There are those who are used to, and quite confident and comfortable with, contested fee hearings.  You know, when an estate law firm West Palm Beach files a motion for fees and someone such as a beneficiary or other may oppose it.  Such a hearing is really a trial on the probate attorneys fees, what some estate lawyers refer to as an evidentiary hearing.  OK.  The other camp is a bunch of estate attorneys who are not really comfortable in a contested motion or hearing.  They like to just go in and argue before the probate court, and are less comfortable trying to introduce evidence, examine witnesses, and perhaps less familiar with the rules of procedure for how probate courts conduct fee hearings.  Regardless, if you a probate law firm West Palm Beach, and you find yourself in front of a judge on a fee hearing or a motion for attorneys fees, do you know the proper procedure and what evidence is admissible or not admissible? Do you know how to prove your fees? Consider reading this November 25, 2015 Florida 4th DCA appeals court opinion, MIA Real Holdings LLC v. Nolan, 40 Fla. L. Weekly D 2632, which is not a probate case but very good for attorneys fee hearings and hearsay, as well as Florida evidence and Chapter 90, the Evidence Code.  Here is a copy of the appellate opinion on this fee case and hearsay case: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-4371.op.pdf What do I have to prove […]

Do you know how a Motion for Summary Judgment is going to alter your  rights to a jury trial in a West Palm beach Florida probate litigation lawsuit? You may not have your day in front of the jury if the other side wins that motion. Check out this recent appeal from West Palm Beach to learn more aboutjury trials in probate lawsuits. 

Is your Florida probate litigation case getting too complicated due to  claims of malpractice against your Florida trust lawyer? You may be able to stay the proceeding in Court while your former probate litigation attorney deals with the Florida bar. Check out this recent appeal from the Third District Court of Appeal to learn more. 

Is the other side refusing to cooperate with discovery in a  West Palm Beach will contest? In the heat of Florida probate litigation you may find that your opponent does not want to follow the rules. Estate lawyers in Florida know that you may be able to actually get the other party’s case dismissedor their affirmative defenses could be struck! 

Florida probate litigation can be costly and time consuming and many  cases result in a settlement through Palm Beach mediation. Have you spoken to your Florida trust lawyer about potential mediation and probate mediators? Check out this recent case out of the Third District Court of Appeal to see how powerful a mediation agreement really is in a probate lawsuit. 

Are you currently about to serve as the personal representative of the  West Palm Beach estate? One thing about probate is unfortunately it could lead to Florida probate litigation. Estate lawyers in Florida know that under Florida law you may be required to post a bond to serve but there are ways around it. How do you get around the bond requirement for Florida probate?

What does a wrongful death have to do with Florida probate litigation?  You may not be aware but to sue for an estate you will have to appoint a personal representative of the estate. Who is supposed to serve? Also how do you sue for wrongful death in West Palm Beach? A recent case out of the Second District Court of Appeal against a well known South Florida supermarket may shed some light on that.