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Yearly Archives: 2016

In Florida Trust and Estates Litigation, What Constitutes a Valid Return of Service?

Uncategorized May 2, 2016
post about In Florida Trust and Estates Litigation, What Constitutes a Valid Return of Service?

In Florida probate litigation, what is a return of service required to list in order for service to be valid? Pursuant to Florida trust and estates laws, what must a return of service specifically indicate? Did you recently serve someone who is involved in your trust and estates lawsuit West Palm Beach? Were they properly served according to relevantFlorida Statutes? A February 5, 2015, Florida Supreme Court case discusses very important information that will prove beneficial to your estate lawyer’s process server and to anyone tasked with serving defendants.

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In Florida Probate Litigation, Is a Personal Representative of an Estate Required to Pay Interest in Accordance With a Promissory Note?

Uncategorized May 2, 2016
post about In Florida Probate Litigation, Is a Personal Representative of an Estate Required to Pay Interest in Accordance With a Promissory Note?

Can a Florida probate court reduce the amount of interest owed when it is outlined in apromissory note? Do Florida probate statutes allow for judicial discretion in this type of case? Can a probate court use equity to remedy a situation they think is unfair? Check out what the Fourth District Court of Appeals had to say about this issue in a recent March 30,2016 case.

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Can I object to a Florida trust if there is a penalty clause?

Uncategorized May 1, 2016
post about Can I object to a Florida trust if there is a penalty clause?

Ask any Florida trust lawyer and they will probably tell you that penalty clauses are invalid under Florida trust law. But what does that mean?  Can you contest a trust even when a trust says, in plain English, that if you challenge the trust that you receive no inheritance?  Ask your Florida probate litigation lawyer about Florida trust law 736.1108: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.1108.html

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Florida Personal Representatives in Nursing Home Litigation Need to Read This Recent Fifth DCA Opinion, See Why.

Uncategorized May 1, 2016
post about Florida Personal Representatives in Nursing Home Litigation Need to Read This Recent Fifth DCA Opinion, See Why.

Are you the personal representative of a Florida estate that is engaged in litigation against a nursing home? You may want to read this recent opinion about probate litigation and arbitration agreements that just came out of the Fifth District Court of Appeal. Can the estate be bound by an unfair arbitration agreement that caps liability for a nursing home in Florida?

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Florida Probate Litigation is Expensive, Get the Other Side to Pay Your Attorney Fees in West Palm Beach

Uncategorized May 1, 2016
post about Florida Probate Litigation is Expensive, Get the Other Side to Pay Your Attorney Fees in West Palm Beach

Florida probate litigation can get expensive which is why estate lawyers in  Florida prefer to get the other side to pay the attorney fees and costs. Experienced Florida trust lawyers know that not every fee or cost should be sent to the other side, it depends on a set of rules. Do you know the rules? Check out this recent case out of the Third District Court of Appeal to learn more. 

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Florida Probate Lawyer Suspended by Florida Supreme Court From Practicing Law

Uncategorized Apr 28, 2016
post about Florida Probate Lawyer Suspended by Florida Supreme Court From Practicing Law

On March 24, 2016, the Florida Supreme Court issued a two page judgement, signed by the clerk, which accepted an uncontested report of a referee and suspended a local, Palm Beach lawyer from practicing law for a year. What this Florida probate attorney do to be subject to this disciplinary sanction by the Florida Supreme Court? If you are a probate litigator in Florida ,or are considering hiring a trust and estates attorney West Palm Beach, you may want to read about this case.

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