What happens if two people interpret a Florida trust differently? What if the language in a marital agreement or Florida will is unclear? How do the Florida probate courts determine what the true meaning of a provision should be? An April 27,2016 Fourth DCA case , Turk v.Turk, demonstrates just how easy it is for people to read the same document but interpret it differently.
Do I have to prove damages in a trust and estate lawsuit? What are damages? How do you prove damages? If you are a probate litigation attorney, or if you are involved in trust and estates litigation in Florida, you will want to read an April 27,2016 Fourth DCA case that discusses the importance of proving damages.
Who will inherit Prince’s wealth? What does Prince’s estate plan say? How much was Prince worth? After learning of the death of music legend, Prince, it is hard not to wonder where his fortune is headed.
Can someone read your text messages just because you are involved in a Florida estate lawsuit? Can they search through your iPad pictures? How does the probate court in Florida decide whether searching through your digital assets is necessary? What happens if a probate judge orders a cell phone to be searched? If you are involved in trust and estate litigation, and someone is trying to conduct discovery of your laptop or cell phone, you will want to read this.
If you have a creditor that you represent in a Florida probate lawsuit, or if you are involved in promissory note litigation in Florida, you will want to read the Fourth DCA’s recent opinion in Oreal v. Kwartin.This was an appeal of a ruling of equitable setoff, in the context of a creditor filing a statement of claim on a promissory note that it had with the decedent.Can you obtain an equitable setoff against the contract’s clear language of a 12% default rate? Check out what the Fourth DCA, had to say about this issue.
Are you a beneficiary who receives an inheritance under a Florida trust? Are you suing to get relief by overturning or voiding a trust, trust amendment, or statement of trust? If so, you should continue reading to learn about a procedural rule that we have in Florida known as the Renunciation Rule.
Do temporary restraining orders exist in Florida probate litigation? Under what circumstances will a probate judge West Palm Beach grant a temporary restraining order? If you are in the middle of a trust lawsuit, you may want to read a January 6, 2016 Second District Court of Appeal case that deals with a Florida trust and a temporary restraining order.
Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed, attorney John Pankauski’s second book, dedicates a chapter to marital trusts. This book will be available in early 2017. What is a marital trust? What do probate litigation lawyers in Florida need to know about them? Are marital trusts necessary? When would a West Palm Beach estate planning lawyer suggest a marital trust?
What is insane delusion? What should probate litigators know about insane delusion? What happens when insane delusion is pled in Florida probate litigation? You may want to read a Fourth DCA opinion, Miami Rescue Mission v. Roberts.
What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get 30% of my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? You need to read Florida Statute 732.2035.