1-561-514-0900 FREE CONSULTATION

Yearly Archives: 2016

Estate Litigation, Attorneys Fees, and Multipliers- June 1, 2016 Second DCA Opinion

Uncategorized Jun 1, 2016
post about Estate Litigation, Attorneys Fees, and Multipliers- June 1, 2016 Second DCA Opinion

What is a multiplier on attorneys fees and how does it apply? Have you discussed getting a multiplier on your attorneys fees for your trust contest in Florida probate court? Can your estate lawyer seek a multiplier? DID your attorney seek a multiplier to get more in attorneys fees? What do probate litigators need to know about multipliers and the lodestar method of calculating attorneys fees? If you are involved in trust and estate litigation in Florida, you will want to read this June 1,2016 appeal regarding attorneys fees.

READ MORE

5 Things You Need to Know About Making a Florida Probate Claim

Uncategorized May 31, 2016
post about 5 Things You Need to Know About Making a Florida Probate Claim

9 months ago, Florida estate attorneys took note of a very important Florida Supreme Court case that affects all Florida probate litigation law firms’ practices.  The Golden v. Jones case, which is perhaps the most important estate creditor case in years, made it clear that if you are a known or reasonably ascertainable creditor, and you did not get actual notice (service) of the estate proceeding, then you have 2 years from the date of death to file a claim. Here are 5 things you need to know about probate claims if you are trying to make a claim in the probate or if you are a personal representative or an executor of a Palm Beach or Naples, Florida estate. And, you can read this important estate creditor Florida Supreme Court case, Golden v. Jones, here:http://www.floridasupremecourt.org/decisions/2015/sc13-2536.pdf

READ MORE

Golden v. Jones and what your Florida probate attorney needs to know to make your claim

Uncategorized May 30, 2016
post about Golden v. Jones and what your Florida probate attorney needs to know to make your claim

Did someone die in Florida who owed you money? Maybe he or she was supposed to do something under a martial settlement agreement from a Florida divorce, or transfer title to real estate for you — and didn’t–and then died.  Now you have to go from dealing with a Family Law attorney to a Boca Raton probate lawyer? Yea, pretty much.   Here is some information about your rights as a creditor to a deceased Florida resident, and, since death, his or her estate.  It is based on a very important probate appeal from the Florida Supreme Court.  As you ‘ll see, this important case is for any creditor who has a statement of claim or who needs to file a statement of claim, whether you are in Naples, Florida or Delray Beach.   And whether you are an ex-spouse, former spouse, business partner, contract party, had a prenuptial agreement or any “deal.”  If you are owed money by someone who died, tell your Florida estate litigation attorney to read the October 1, 2015 Golden v. Jones case, 176 So. 3d 242 (Fla. 2015).

READ MORE

6 Things Florida Probate Litigators Need to Know About Prior Wills and Will Contests– the doctrine of dependent relative revocation & Estate of Murphy

Uncategorized May 29, 2016
post about 6 Things Florida Probate Litigators Need to Know About Prior Wills and Will Contests– the doctrine of dependent relative revocation & Estate of Murphy

If you are involved in a Palm Beach will contest, your Florida probate attorney will want to know if there are prior wills.  What did the other wills say?  Who inherits under the present will, versus the prior wills?  Now, your probate litigation law firm in West Palm Beach will want to know about the doctrine of dependent relative revocation, which may, “revive” prior wills in a Palm Beach probate if the present will is found to be invalid, such as by undue influence or lack of capacity.  So, here are 6 things your estate lawyer needs to know about the Florida doctrine of dependent relative revocation.  To read more about this probate legal concept, you can click on this link and read about the Estate of Murphy, Rocke v. American Research Bureau.  The Estate of Murphy case is perhaps one of the most important probate lawsuit and will contest appeals court opinions issued in Florida recently.  The citation is 184 So. 3d, 1221 (Fla., 2nd DCA, January 20, 2016) and here is the link to read this free will contest appeal opinion:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/January/January%2020,%202016/2D14-4107rh.pdf

READ MORE

Florida Probate Litigation, Financial Exploitation of the Elderly, and “Kiting”

Uncategorized May 27, 2016
post about Florida Probate Litigation, Financial Exploitation of the Elderly, and “Kiting”

Are you worried that your mom or dad is being financially exploited by another family member or someone else? What do you do if a parent is being financially exploited in Florida? Can a probate litigation attorney help you to protect your elderly relative? Is your elderly grandma safe at her assisted living facility? What is kiting? You may want to read a recent article about an assistant living facility owner who was arrested for financially exploiting residents.

READ MORE

Judicial Estoppel v. Equitable Estoppel

Uncategorized May 25, 2016
post about Judicial Estoppel v. Equitable Estoppel

Have you ever heard the term estoppel? What is judicial estoppel? What is equitable estopple? What do probate trial lawyers need to know about these two affirmative defenses? When do judicial estoppel and equitable estoppel come into play?

READ MORE