Considering drawing up a Florida estate plan but do not want to pay expensive legal fees? You may be looking at some of these websites that offer discount legal services and wondering what is so different from a Florida probate lawyer. Ask any estate attorney in Florida, details matter. Still not sold? Check out this recent case out of the Court of Appeals in Indiana.
Florida probate means Florida families fighting. What has your family Florida probate lawyer told you to expect from Florida probate litigation. Are they being responsive to your requests for information? Did you know that with the help of a Florida estate lawyer you may be able to remove the Florida personal representative. What to learn how? Check out this case from the Probate Court in Michigan. How would this play out in Florida?
A trust agreement is in many ways just a contract between a trustee and a settlor. Do you know what acondition precedent is? It may be important for your dispute, make sure to discuss it with aFlorida trust lawyer prior to starting Florida probate litigation. Check out this recent case out of the Second District Court of Appeal to learn more.
If you are serving as the personal representative of the Florida estate, with the help of a Florida probate litigator you should be able to do whatever the decedent was able to do. Florida probate lawyers know failure to respect the estate and letters testamentary could lead to Florida probate litigation. Can the personal representative as for the papers of a condominium association that the decedent belonged to? Check out this recent Second District Court of Appeal decision to learn more.
Florida probate lawyers know that sometimes a caretaker may take advantaged of a loved one. Florida probate litigation and will contests may be able to set aside acts of fraud or undue influence. Have you spoken to your Florida will contest lawyer about setting aside various transfers made by a loved one in their last days? Check out this recent Florida will contest appeal to learn more.
So, you find yourself in West Palm Beach probate court in an estate dispute like, say, a will contest Palm Beach, or someone is challenging probate. So, you consider that you have to hire a Florida probate lawyer, and one of your friends suggests that you hire a probate litigator Florida. What’s the difference between an estate attorney in Florida, and, say, a Florida probate litigation law firm? Well, an estate attorney or probate lawyer in Palm Beach typically does two things. They write wills and trusts, and they also run, or handle, or administer estates. They might write a revocable trust for your father in Boca Raton, or an estate plan Palm Beach Gardens and, then, when parents pass away, they can help with running the estate or opening up probate, gathering the assets, and distributing inheritances to the family or beneficiaries. Estate litigators are typically trial lawyers who handle disputes. You have probably heard me say that there are three and only three ways to resolve a probate dispute in Florida: 1) go to court and try the estate lawsuit case and end it; 2) resolve it and settle it, often with a settlement agreement which might be the product of tough negotiations by your Florida trust lawyer, or estate attorney Palm Beach, or through or after mediation; 3) a Florida probate appeal if you went to trial and someone wants review by the appeals court. Florida probate litigation attorneys need to know evidence, the rules of procedure and the proper burdens and […]
Ask a Florida trust lawyer to prepare or write a trust amendment to your living trust, which is also referred to in Boca Raton as a revocable trust, or a revocable living trust, and that should only take an hour or so. But, ask your Florida trust attorney what the renunciation rule is, and they may look at you funny. Now, go find a trust litigation law firm, and ask them if they know what therenunciation rule for trust lawsuits in Florida is, and they should know. Here is a recent Palm Beach 4th DCA trust appeals case which deals with the renunciation rule and why you need to know about it if you are in the middle of a trust challenge or trust lawsuit Palm Beach where the validity of the trust is a central theme. The trust lawsuit case’s name is Gossett v. Gossett and is from December 16, 2015. 40 Fla. L. Weekly D 2766a. This was a trust lawsuit in the Delray Beach probate division, Judge David French, which went up the the 4th District Court of Appeal. The 4th DCA hears trust appeals, probate and guardianship appeals for Palm Beach and Broward Counties. Here is a copy of the trust appeals court legal opinion if you want to read it:http://4dca.org/opinions/Dec.%202015/12-16-15/4D14-3461.op.pdf
Many times when meeting with a Florida estate attorney to make the Florida estate plan, testators want to leave part of the estate to charity. That is a noble decision, but failure to do it properly with an experienced Florida estate lawyer could spawn Florida probate litigation. Estate attorneys Florida should look at this recent Michigan probate appeal on attorney fees prior to making an estate plan with charitable beneficiaries.
Florida probate litigation involving guardianship can be very heated. Often loved ones get very concerned when they hear that the probate court has decided that a guardian ad litem and some Florida probate lawyer get to make all their loved one’s decisions. Does it sound fair to you? Check out this recent case where the guardian ordered a DNA test and proved that a woman was not her father’s biological daughter. Guess what happened next.
Florida probate lawyers know that one way to invite Florida probate litigation is to execute the will improperly. Some States allow for unwitnessed or so called “holographic wills” but Florida is not one of them. Check out this recent probate appeal from Connecticut that dealt with a Pennsylvania woman’s holographic will. How would this all work if it happened in Florida probate court?