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Yearly Archives: 2015

Supreme Court of Wyoming – Son Sues Family Trust for Injuries from Feeding Cattle. Is Your Family Trust Insured Properly?

Uncategorized Apr 9, 2015
post about Supreme Court of Wyoming – Son Sues Family Trust for Injuries from Feeding Cattle. Is Your Family Trust Insured Properly?

One popular way to plan an estate in West Palm Beach is the pour over   will whereby the estate’s assets pour into a trust set up during the decedent’s lifetime. Usually your home and accounts will be re-titled to the trust so what happens when your gardener gets injured who do they sue you or the trust? Are you properly insured for the items that are held in trust, did you even consider that someone can sue your trust after someone gets hurt on your property?

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Broward Estate Sues for Wrongful Death: jury gives wife $200,000 but there’s more..

Uncategorized Apr 9, 2015
post about Broward Estate Sues for Wrongful Death: jury gives wife $200,000 but there’s more..

Here’s a recent estate wrongful death lawsuit out of Broward County which involved lies, a hearsay exception to the Florida Evidence Code, evidence that a police officer fled the scene of the auto accident which caused the wrongful death.  Want to see all the complexities of litigation which a Florida estate can be involved in?  Read this recent, April 8, 2015 opinion of a Broward County appeal, which was just released by the West Palm Beach 4th District Court of Appeal.

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Florida Business Damages: how to limit commercial damages with set off under Florida damages law

Uncategorized Apr 9, 2015
post about Florida Business Damages: how to limit commercial damages with set off under Florida damages law

Commercial litigation Palm Beach?  Being sued over a business dispute? Before you go to trial on your business lawsuit Boca Raton and prepare for a commercial litigation appeal to a Florida appeals court, consider  your affirmative defenses and consider reading this recent April 8, 2015 opinion on Florida damage law and set off from Palm Beach’s appeals court, the 4th DCA.

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Massachusetts Court Upholds Finding that Non-Trustee Can Encumber Property Held in Trust, What do You Think?

Uncategorized Apr 9, 2015
post about Massachusetts Court Upholds Finding that Non-Trustee Can Encumber Property Held in Trust, What do You Think?

The owner or a trustee of property can encumber it through mortgages   and other things like easements. What happens when a non-trustee starts to take actions on such property, often beneficiaries may occupy the property and to the untrained eye it may seem obvious they are the owners (or renters atleast) of said property. So if you sign a mortgage with such a beneficiary are you out of luck or can the court enforce it? The answer may surprise you as the Massachusetts Land Court held that Wells Fargo was entitled to enforce such a mortgage. Does this make sense? Is your Palm Beach Trust safe?

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Palm Beach Probate Court, Attorneys Fees- Losing the War but Winning One Last Battle- Avoiding an Award of Attorney’s Fees

Uncategorized Apr 8, 2015
post about Palm Beach Probate Court, Attorneys Fees- Losing the War but Winning One Last Battle- Avoiding an Award of Attorney’s Fees

No one likes to lose but after you lose your Palm Beach will contest or intentional interference with an inheritance claim are you going to be on the hook for attorneys fees? What does the other side have to show to get you to pay attorney’s fees and what can you do to prevent it? A case out of Florida’s Fourth District Court of Appeal today shows how you can win a battle even after losing the war. Attorney’s Fees. 

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Whose bank account is it anyway: the Palm Beach estate’s or the joint tenant?

Uncategorized Apr 8, 2015
post about Whose bank account is it anyway: the Palm Beach estate’s or the joint tenant?

Let me guess: you are involved in Probate Palm Beach and there is an    inheritance case over a bank account, right?  Maybe a brokerage account with $ 1 Million of stocks, bonds and mutual funds sitting inBoca Raton.  Or, perhaps a checking account has $250,000 in it as part of a revocable trust Delray Beach…only one problem:  the executor of the will doesn’t know who to give the bank account to…what do you do?

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