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Yearly Archives: 2015

Should killer inherit? Murder in Inheritance Case

Uncategorized Apr 5, 2015
post about Should killer inherit? Murder in Inheritance Case

Crime does not pay, but an inheritance sure does. Does the fact that   someone committed a murder to get their inheritance matter? Have you read Florida’s Slayer Statute? A Salem court has just found another person guilty in a plot of murder stemming from an inheritance.

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5 Things to Know Before You Mediate a Probate Lawsuit Palm Beach

Uncategorized Apr 4, 2015
post about 5 Things to Know Before You Mediate a Probate Lawsuit Palm Beach

Going to mediation in a Palm Beach probate lawsuit?  Maybe there is a will  challenge going to trial in the Delray Beach courthouse, or there is a guardianship matter set for evidentiary hearing in the Palm Beach Gardens probate court.  If you are headed to mediation, consider these 5 things people need to know before they mediate a Palm Beach probate dispute or inheritance lawsuit.

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Legal Malpractice Florida

What We Do Apr 3, 2015
post about Legal Malpractice Florida

Legal malpractice is also referred to as “professional negligence.” In Florida, you generally have two years to file suit. This field of litigation is almost a sub-specialty, particularly for probate malpractice. Understanding Legal Malpractice Legal mal-practice, or professional negligence, happens in Florida when a lawyer’s negligence results in damage.  Like a client losing things entitled to them under the law.  Rights. Money. Property.  Think of it this way: an action, or failure to act, causes harm.  Damage.  And, sometimes it is described as not providing the standard of care a reasonable attorney should provide in that field or geography.  Confusing?  Less than clear? But what do you have to show to win your legal malpractice case? Is merely showing that your lawyer was not careful and attentive enough to win? A South Carolina Supreme Court case dealt with legal malpractice in an inheritance dispute.  Anyone involved in a probate  malpractice Palm Beach or legal malpractice matter should consider reading this.

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Do you need an expert to prove lawyer malpractice?

Uncategorized Apr 3, 2015
post about Do you need an expert to prove lawyer malpractice?

In the legal community of probate lawyers Palm Beach County, one of the first  things that any Palm Beach Probate Litigator knows is to conduct a conflicts screening.   After all, probate lawyers West Palm Beach don’t want to have a conflict of interest.  No estate lawyer Palm Beach Gardens wants to get sued for estate planning malpractice.  What happens after you think you have proven a lawyer malpractice claim…. do you need to hire an expert witness to prove malpractice? See what this fall, 2014, Hartford, Connecticut Court had to say on the matter. 

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Texas Probate Malpractice Lawsuit? Beneficiary’s Right to Sue Probate Lawyer but Not on Behalf of the Estate??? (February 2015 Texas case)

Uncategorized Apr 3, 2015
post about Texas Probate Malpractice Lawsuit? Beneficiary’s Right to Sue Probate Lawyer but Not on Behalf of the Estate??? (February 2015 Texas case)

So your rich uncle in Delray enlists the help of a Jupiter Probate Attorney to draft his last will and testament and to plan his estate. Your uncle being the private kind of man he is, keeps this documents in his safe until the day he passes away. Its not until then that you realize his attorney committed estate planning malpractice. Will the will be admitted into Palm Beach probate? Can you as the Personal Representative sue on his behalf for estate planning malpractice Delray Beach? Or, can the probate beneficiaries sue?  See what a Texas Court of Appeal had to say about similar facts.

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How Do I Get Florida Estate Attorneys Fees? March 6, 2015 Florida probate appeals case and Florida Probate Code 733.6175

Uncategorized Apr 3, 2015
post about How Do I Get Florida Estate Attorneys Fees? March 6, 2015 Florida probate appeals case and Florida Probate Code 733.6175

If you are involved in a Florida probate or are dealing with a probate lawyer Palm Beach, you are probably wondering: how does the probate lawyer Palm Beach Gardens get paid? Or, if you are theexecutor of a Palm Beach probate, you may be wondering who is going to pay your probate lawyer from Boca Raton.  You may want to read a recent Florida probate appeals case from Florida’s 2nd District Court of Appeal, issued March 6, 2015.

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Can Estate Beneficiary Sue Estate Attorney? Transfers of $$ to Attorney’s Wife?

Uncategorized Apr 3, 2015
post about Can Estate Beneficiary Sue Estate Attorney? Transfers of $$ to Attorney’s Wife?

In order to sue in a court you have to have something called standing to sue.  For example, in a Palm Beach probate, you have to be an interested party.  Will contests Delray Beach usually involve a party losing all or a large portion of their inheritance but if they are totally disinherited can they lose standing?  If you are not named in a will, do you even have the legal ability to file a probate claim Palm Beach? See what the Supreme Court of Missouri had to say on similar issues in the Feb. 2015 case of Willliams v. Hubbard. 

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