Are you suing for fraud in Palm Beach? Did you know that in Florida law, there are many types of fraud? If you are involved in a fraud lawsuit in West Palm Beach consider reading this April 1, 2015 opinion on fraudulent concealment from the Palm Beach appeals court.
What happens if you decide to make a new will and you destroy the prior will but never validly executed the new will? Which will is valid? What is a probate Palm Beach to do in the case of prior wills? Would you prefer that your assets pass through the prior (destroyed, or revoked) will or would you prefer no will at all? Without a will the Florida Probate Code says that the assets of the testator will pass through Florida intestacy. A little known probate legal concept: the doctrine of dependent relative revocation reared its head in a Georgia case that came out on March 27, 2015. If you are involved in a will challenge Palm Beach or you have an contested probate Delray Beach, you may want to read this probate legal appeal opinion about prior wills.
When you read that court opinion and you see that someone is liable (responsible) to you for damages in a Florida Probate Court you are probably happy and just assume “that is that”, you are as good as paid right? Well, does that order from the probate judge say that the Personal Representative is liable in their personal capacity or in their capacity as Personal Representative.
Wondering how to get attorneys fees in a Florida probate lawsuit? You may want to read this April 1, 2015 Florida Appeals Court case on Florida’s “offer of judgment” statute, 768.79. Do the rules of civil procedure apply to your estate lawsuit Palm Beach?
Why do we sometimes pursue a guardianship over an adult without prior mental illness? Well with incompetency can come fiscal irresponsibility often the elderly can be targets for mail away and other financial scams or they may simply not be looking out for their own welfare. Can you appeal to the court that a guardian appointed by the court is not fiscally responsible either? A case filed on March 6, 2015 by the Nebraska Supreme Court says no.
Is the estate tax still a thing? If your estate is over $5.4 million you may be susceptible to the Federal Inheritance and Estate Tax, also sometimes coined as the death tax. Signals from Congress hint that the death tax may be on its last leg. Do you know how the death tax will effect your estate and your family’s inheritance.
If you are involved in a probate litigation Palm Beach, one of the “X” factors is the probate attorneys fees. Who pays your probate litigator’s fees and costs to get your inheritance in a Palm Beach probate? You may want to read a recent Florida attorneys fees case. A March 11, 2015 Florida attorneys fee case from Palm Beach’s appeals court: the 4th District Court of Appeal.
In order to succeed on a will challenge you will have to raise evidence of something that the court can use to set aside a will. So….. are you ready for your trial on the will challenge Palm Beach? Who’s your first witness? What documents will you introduce to set aside the Boca Raton Will? But Courts in Florida also have restrictions on what types of evidence can be admitted in an adversarial proceeding.
An attorney serves as counsel for the party they represent, in most cases a clients interest is among the top concerns of a Palm Beach Probate Litigator. What happens when you have mutliple parties that hire the same lawyer, who is the ultimate duty owed to? The first client? The one who has the largest share of the inheritance? Is it ever a good idea to enter into an agreement for joint representation of your probate claims?
If you own property in Florida you probably take your homestead property seriously given the creditor and tax protections. Huge house in Jupiter, Florida? Protected? What happens after a couple divorces- to the homestead property? If one of the former spouses wants to encumber the homestead does that apply to the other parties part of the property as well? A recent case out of the Florida Third DCA, Law v. Law says, you should read this Florida appeals case !