Are you being sued for things that have already been settled through probate mediation or another lawsuit? The claim may be barred through a doctrine called res judicata. How will your probate or guardianship litigator get the claims against you dismissed? Check out this recent Second District Court pf Appeal(DCA) case to learn more.  Res Judicata in Florida Litigation There are rules to asserting a successful res judicata defense. First, there has to be a valid judgment on the merits. This could valid judgment could be from an arbitrator or the Court. Second, there have to be four similarities or identities. What does this mean? Trust attorneys know that the issue being sued for must be the same. The cause of action and parties must be the same in both actions. Finally, the quality or capacity of the persons for or against whom the claim is made must be the same. In other words if a lawsuit looks like a mirror image of an old case, the Court may dismiss it under the doctrine of res judicata. Check out this recent appeal out of the Second DCA to learn more. Philip Morris USA, Inc. v. James Harris Lourie “In this Engle-progeny case Phillip Morris USA, Inc. and R.J Reynolds Tobacco Co. timely appeal the final judgement entered in favor of James Lourie, as personal representative of the Estate of Barbara Ruth Laurie.” This case regarded tort claims of strict liability and negligence for the sale of cigarettes. On appeal, one of the issues was whether res judicata […]

On April 6, 2016 Senate Bill 540 was approved by the governor. The provisions took effect on July 1,2016. What does this bill say? What statutes does it revise? When is it to become effective? If you are a  Palm Beach trust litigator or Florida probate attorney, you may want to read SB 540.

Have you just completed and executed a will and estate plan ? Do you know how your estate is going to function when you die? Probate litigators know that non probate assets, substitutes, and testamentary trusts are becoming more and more common. What are non-probate assets? How can a Florida estate avoid probate? Check out these two common non-probate assets, and find out which non probate assets Hillary and Bill Clinton have included in their estate planning.

An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.

Do you want to be certain that your pet will be taken care of when you die? Can you leave your dog, rabbit, or fish money in a Florida trust? How can I gift my estate to my beloved fur baby? A July 26,2016 article in the Press Release Rocket explains what pet trusts are, and how they can be created.

Pursuant to Florida guardianship law, what are my rights? Can I participate in a Florida guardianship proceeding for my spouse, mom, or dad? Can I participate in a guardianship proceeding of anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  Anyone who is involved in a guardianship matter in Florida, should read St. Pete v. Osorio-Khor.

Palm Beach probate judges do a lot, and it is easy to forget how vast their powers are. Who decides whether or not your father was of sound mind when he left your evil stepmom everything in his Florida will? Who decides if the will or codicil that you are contesting is valid or invalid? Who deems someone incompetent and in need of a guardian? Who decides if guardianships are necessary? A Florida probate judge does. Judges make policy through their decisions and that policy reflects the society within. Thus, it is concerning to see that a probate judge in Maine was disciplined for misconduct and misuse of their power.

Who will inherit Anton Yelchin’s wealth? How much was the Star Trek actor worth? After learning of the unexpected death of actor Anton Yelchin, it is hard not to wonder where his fortune is headed. The media has reported that he died without a will. What does this mean for his family?

What are creditors in Florida probate litigation? When do you need to provide notice to creditors? How do you give notice to creditors in the Florida probate process? Why do I need to know about creditors if I am the personal representative of a Palm Beach estate?  Creditor claims and disputes are almost always present in the probate process of a decedent’s estate.

What is a guardianship in Florida probate litigation? When is a guardianship necessary? Can a Florida probate attorney help me to avoid a guardianship? What if my life is controlled by a guardianship but I no longer need a guardian? Can the probate court West Palm Beach deem me competent again? According to a May 6, 2016 New York Times article, Britney Spears’ is doing much better. Is her guardianship still necessary?