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Yearly Archives: 2016

Trust Litigation, Jurisdiction, and Constitutionality

Uncategorized Aug 23, 2016
post about Trust Litigation, Jurisdiction, and Constitutionality

In regards to trust litigation, when can I get sued in Florida? Can I get sued in Florida simply because a Florida trust pays me a monthly check? What is a long-arm statute? Just because something is a law, does that mean it is constitutional? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate litigator, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

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What Do Florida Probate Litigators Need to Know About Attorney’s Fees in Probate Court?

Uncategorized Aug 23, 2016
post about What Do Florida Probate Litigators Need to Know About Attorney’s Fees in Probate Court?

Florida probate lawyer fees can get expensive; did you know that you may be able to get them thrust to the other side? What parts of Florida probate litigation are subject to attorney’s fees statutes? To learn more about this interesting topic you may want to check out this recent case out of the Third District Court of Appeal for Miami. What does all of this have to do with estate litigation in Florida?

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Who is Entitled to Be the Executor or Personal Representative of a Florida Estate?

Uncategorized Aug 23, 2016
post about Who is Entitled to Be the Executor or Personal Representative of a Florida Estate?

Are YOU entitled to be the personal representative of a Florida estate? What is the difference between an executor and a personal representative? Who is entitled to preference to administer a Florida estate? What Florida law gives that entitlement? Trust and Estates litigators know that, when involved in probate litigation or an inheritance dispute, familiarity with Florida Statute 733.301 is usually very important.

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Contesting a Will in Florida:90 Day Statute of Limitation

Uncategorized Aug 23, 2016
post about Contesting a Will in Florida:90 Day Statute of Limitation

Do you know what a statute of limitations is? Florida Courts, including the probate Courts in West Palm Beach do not reward you for sitting on your rights. Therefore,you have to act quickly to secure your rights. Usually a statute will give someone years to act, but did you know that, if you plan to contest a will, you may have as little as three months (90 days) to file an action in probate court?

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What Does Hearsay Have to do With Florida Probate Court?

Uncategorized Aug 20, 2016
post about What Does Hearsay Have to do With Florida Probate Court?

Do you want to sue the corporate trustee for breach of fiduciary   duty? Mismanagement of the family trust may not be hard to prove, but you need evidence. One issue is getting that evidence into probate court for the judge to review. Has your Florida probate lawyer explained the rules regarding hearsay? Why does this matter for your Florida probate litigation?

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Financial Exploitation of the Elderly: Is it a Criminal or Civil Offense?

Uncategorized Aug 19, 2016
post about Financial Exploitation of the Elderly: Is it a Criminal or Civil Offense?

Is your sister taking advantage of your elderly parents? In Florida, are there laws to protect elderly people from financial exploitation? How can a guardianship lawyer help me? What do I do if I suspect that my elderly neighbors or grandparents are being financially exploited in Palm Beach? What is financial exploitation? Any guardianship or trust lawyer will tell you that financial abuse of the elderly in Palm Beach, and throughout the United States, is a serious concern.

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In Florida Probate Litigation, What is Venue?

Uncategorized Aug 18, 2016
post about In Florida Probate Litigation, What is Venue?

Do you know where to file a will contest regarding a Florida will? Are you considering bringing a will contest to an estate in Florida? What does my Florida probate litigator need to know about venue?What isvenue? If you are considering filing a trust and estates or guardianship lawsuit in Florida, you may want to read an appeal from the Fifth District Court of Appeal, which addresses venue.

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