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Yearly Archives: 2016

Can a Notary Substitute for Witnesses in a Florida Last Will and Testament?

Uncategorized Feb 19, 2016
post about Can a Notary Substitute for Witnesses in a Florida Last Will and Testament?

Do you know what you have to have in a will for it to be  valid in Florida probate court? Florida estate lawyers know that failure to include the specifics could cost you big time down the road in estate litigation. Want to avoid will contests, inheritance disputes and Florida probate litigation? One simple way to start is to make sure your will was executed properly. Check out this recent probate appeal to learn more.

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How Long do Florida Probate Lawyers Have to File a Will Contest?

Uncategorized Feb 19, 2016
post about How Long do Florida Probate Lawyers Have to File a Will Contest?

Do you know how long you have to retain a Florida will contest lawyer and to contest the will in probate court? It may shock you to learn how little time you actually have to make such a claim. In Florida probate court time is of the essence and often times the notice of administration is the starter pistol for the race. Are you ready to run the will contest marathon? Check out this recent appeal to learn why you have to act before it is too late.

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Winning a Florida Probate Appeal– lessons from February 17, 2016 4th DCA reversal of trial court

Uncategorized Feb 18, 2016
post about Winning a Florida Probate Appeal– lessons from February 17, 2016 4th DCA reversal of trial court

If you are involved in Florida probate litigation, most likely your estate attorneys have, as part of their litigation strategy, the Florida appeals process.  What if you win but the other side appeals your estate lawsuit? What if you lose: did you preserve the errors for appeal? In Palm Beach probate circles,Florida’s 4th District Court of Appeal handles the appeals in Broward, Palm Beach and Martin Counties for estate, trust, & guardianship appeals.  So, what can you learn from a recent, February 17, 2016 4th DCA appellate decision called Salituri v. Salituri?  Well, this is actually  not a probate case. It is a family law or divorce appeal Florida.  We all know that divorce law in Florida, and divorce trials, are often the subject of appeals, kind of like summary judgments:  they seem to always be the subject of a written appellate opinion.  So, here are a few things which you, a Florida estate lawyer, or a client who is in the middle of an estate lawsuit Boca Raton, can learn from this recent 4th DCA opinion, regarding a final judgment which was REVERSED and sent back down to the Broward County trial court.  Here is a copy of this 4th DCA, Florida, appeals decision:  http://4dca.org/opinions/Feb%202016/02-17-16/4D15-1258.op.pdf

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What beneficiaries can do if they don’t trust their trustee…

Uncategorized Feb 18, 2016
post about What beneficiaries can do if they don’t trust their trustee…

What do you do if you are a trust beneficiary and you, well, don’t TRUST your  Florida trustee?  Well, if you ask any Florida trust lawyer, they will tell you that you, as a beneficiary, have a lot of rights.  They may point you to theFlorida Trust Code, which is Chapter 736 of the Florida Statutes.  But, what if you don’t want to hire a trust attorney just yet, but you want to try to get the information which you seek, on your own, from your trustee?  Maybe you read your father’s revocable trust Boca Raton,or you know you are are a beneficiary of an inheritance under your mom’s living trust when she wrote it in Boynton Beach.  But you don’t have a complete copy of the trust document, sometimes called the trust “instrument,” and you are not sure how much you inherit, or when you inherit.   Here are few tips and pointers for you, the trust beneficiary, or for you, the trust attorney Florida, who may not handle trust litigation. 

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What is a Resulting Trust in Florida Probate Law?

Uncategorized Feb 18, 2016
post about What is a Resulting Trust in Florida Probate Law?

Florida probate lawyers know what a resulting trust is, but do you? Florida estate attorneys may be able to use this old doctrine of law to protect you after an unfortunate series of events. Want to learn more? Check out this recent will contest and resulting trust case from Tennessee. Ask yourself, what does this have to do with my Florida will contest and probate litigation.

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Are You Entitled to Interest on Your Judgment From Florida Probate Court?

Uncategorized Feb 18, 2016
post about Are You Entitled to Interest on Your Judgment From Florida Probate Court?

Florida estate lawyers can tell you interest on a probate judgment matters. Do you know how much interest you get on a savings account? It could be as little as or less than 1% but guess what, judgments in Florida sometimes have interest rates attached that exceed 4.7%! That is one good return, ask any Florida will contest lawyer. Do you know the rules on interest in a Florida probate matter?

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When Can the Florida Probate Court Award You Attorney Fees?

Uncategorized Feb 17, 2016
post about When Can the Florida Probate Court Award You Attorney Fees?

The nasty part of Florida probate litigation can be the costs on the client. Do you know how much a Florida probate lawsuit can cost you? One way to reduce expenses is to push the cost of your Florida probate lawyer onto the other side. How can you do that? Check out this recent appeal from Florida’s Fourth District Court of Appeal in Palm Beach to learn more.

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