Do you know what summary judgment is? Florida probate lawyers know that they may be able to avoid the jury trial by getting a probate judge to grant summary judgment. What can you do to prevent your will contest from being disposed of through summary judgment? Florida estate attorneys know you will need to show a dispute of material facts. What else?
Did you know that both duress and undue influence are grounds for revocation of a will? Florida will contest lawyers know the difference, but do you? What do you need to know about duress before you file a Florida will contest? Check out this recent case out of the Fourth District Court of Appeal in Florida.
Do you want to sue the corporate trustee for breach of fiduciary duty? Mismanagement of the family trust may not be hard to prove, but you need evidence. One issue is getting that evidence into probate court for the judge to review. Has your Florida probate lawyer explained the rules regarding hearsay? Why does this matter for your Florida probate litigation?
Are you currently serving as the personal representative of your mother’s estate in Florida? You may be entitled to a fee for your time and trouble. How much are personal representatives in Florida entitled to as a fee? Florida probate courts have somethings to say about this matter ask any probate attorney. But check out this recent appeal from the Courts in Ohio addressing the same issue. How would this pan out under Florida probate litigation?
Florida will contest lawyers can help you keep a will out of probate. Do you know how? You may have a claim for lack of testamentary capacity or undue influence in probate court. How can you be sure? One good way is to talk to a Florida probate lawyer. You may also want to check out this recent case out of the Supreme Court of Nebraska to learn more about will contests in Florida.
You may be able to transfer certain property outside of a will or trust in Florida. Do you know how? Florida probate lawyers know there are special rules for these informal memorandums that allow for disposition of personal property. Do you know the rules? Check out this Washington probate appeal to learn more.
Today, Florida’s 4th DCA issued its opinion in the case of Security National Mortgage Co. v. Crevan O. Reid, No. 4D14-2450. Robert J. Hauser is a partner at the Pankauski Law Firm PLLC, in West Palm Beach, Florida, where he handles business litigation, probate litigation and appellate work. Robert is Board Certified by the Florida Bar in Appellate law and recently commented on this recent 4th DCA opinion:
Are you considering filing a Florida will contest in probate court? Do you have to include all the beneficiaries of the will asinterested parties? Check out this recent opinion just entered by the Supreme Court of Alabama. What does this have to do with estate litigation in Florida?
Legal malpractice in probate issues can get complicated. Often times a poorly drafted will means a headache and tons of Florida probate litigation. Can the family members sue a Florida probate lawyer for malpractice then? The answer may be a bit more complicated than you want, check out this recent probate appeal from the Supreme Court of Colorado to learn why.
Failure to follow the procedure in a Florida will contest could mean your case being dismissed. Florida probate judges do not have time to pick up the pieces of a poorly crafted probate lawsuit. Can you blame them? The Courts are overworked, one way to get the results you need is to make their jobs as simple as you can. That is why procedure is so important.