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Yearly Archives: 2016

Riskless Florida Probate Litigation? a look at 733.106 & Anderson v. McDonough (April 8, 2016, 2nd DCA)

Uncategorized Apr 17, 2016
post about Riskless Florida Probate Litigation? a look at 733.106 & Anderson v. McDonough (April 8, 2016, 2nd DCA)

What if you could sue a Florida estate to overturn the will without any risk?   What if you were cut out of a Florida estate plan, and then someone dies, and you believe the will that was changed is void.  Can you sue to object to probate in Florida without paying attorneys fees if you lose?  Well, dis-inherited beneficiaries of probates & estates, as well as probate litigation law firms who defend wills and estates, should read, and re-read the Anderson v. McDonough case from Florida’s 2nd District Court of Appeal, issued April 8, 2016.  Here is a link to read this entire Florida probate appeals court opinion on attorneys fees in will contest lawsuits and Florida Probate Code 733.106: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/April/April%2008,%202016/2D14-2605.pdf  I could see some family members, or probate lawyers, saying: I don’t have anything to lose by filing a probate lawsuit (except costs.)

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When Can the Florida Offer of Judgment Statute Be Used to Get Attorney Fees in Probate Litigation?April 13, 2016 Florida Fourth DCA Opinion

Uncategorized Apr 13, 2016
post about When Can the Florida Offer of Judgment Statute Be Used to Get Attorney Fees in Probate Litigation?April 13, 2016 Florida Fourth DCA Opinion

What is the offer of judgment statute? What does it do? Does the offer of  judgment statute apply if both damages and equitable relief are sought? With help from a skilled probate litigator West Palm Beach, you may be able to use this statute to get attorney’s fees and costs.Check out this April 13,2016 Fourth DCA case that awarded attorney’s fees under the offer of judgment statute, “despite the presence of a claim for non monetary relief.”

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Time is of the Essence in Florida Probate Litigation: April 1,2016 Florida Probate Appeal

Uncategorized Apr 13, 2016
post about Time is of the Essence in Florida Probate Litigation: April 1,2016 Florida Probate Appeal

Are you involved with probate litigation or an estate trial Palm Beach? Has your petition been denied by a Florida circuit court? Do you need to file a motion for rehearing or an appeal? You may want to read Florida’s 5th District Court of Appeal’s opinion on when you can file a motion for rehearing. When does a motion for rehearing affect the time to file a notice of appeal in Florida trust and estates litigation? Probate litigators West Palm Beach know why this is important.

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If Governor Rick Scott Signs, Florida’s Alimony and Child Custody Laws Will Soon Change

Uncategorized Apr 11, 2016
post about If Governor Rick Scott Signs, Florida’s Alimony and Child Custody Laws Will Soon Change

Should Florida Governor Rick Scott veto contentious Family Law Senate Bill 668? If the bill is signed by the Governor, what changes to Florida’s alimony and child custody laws would occur? Are the current Florida child custody and alimony standards sufficient? Is there a need for change? What should Florida Family Law attorneys and West Palm Beach divorce lawyers know about this legislation?

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The Secret to Winning Florida Probate Appeals?

Uncategorized Apr 8, 2016
post about The Secret to Winning Florida Probate Appeals?

So many times, people want to know if there is a shortcut to success.  What is   the secret to winning a probate lawsuit in Florida?  What is the best way to win your trust litigation in Palm Beach after you had a bad experience with a probate attorney at the trial level?  I would tell  you that you should find an experienced probate litigator who you trust and whose personality matches yours.  Believe and trust in him or her.  Is your trust law firm Florida agressive? Knowledgeable? Experienced?  Comfortable in court?  A fighter?   If they are not for you: fire them. That’s your right as a client in an estate lawsuit Delray Beach. 

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