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Yearly Archives: 2016

Sister Sues Siblings & Estate for Fraud, Loses Miami Probate Lawsuit: estate denied attorneys fees in January 13, 2016 3rd DCA ruling

Uncategorized Jan 14, 2016
post about Sister Sues Siblings & Estate for Fraud, Loses Miami Probate Lawsuit: estate denied attorneys fees in January 13, 2016 3rd DCA ruling

If you are thinking about suing your mom or dad’s estate, or personal representatives or Florida executors, then you may want to read this January 13, 2016 estate fraud lawsuit called Moriber v. Dreiling, No. 3D13-1904 & 3D13-175, out of Miami’s 3rd District Court of Appeal.   Here is a copy of the appellate opinion on this estate litigation case: http://www.3dca.flcourts.org/Opinions/3D13-1904.pdf .   Florida probate lawyers may want to read this opinion because this involved a civil suit and a motion for attorneys fees under Florida’s Offer of Judgment or proposal for settlement law, as well as a motion for summary judgment filed by the estate.

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Can Florida estate litigation lawyers learn something from Presidential Candidate Donald Trump?

Uncategorized Jan 14, 2016
post about Can Florida estate litigation lawyers learn something from Presidential Candidate Donald Trump?

What can estate litigation lawyers in Florida learn, if anything, from Donald Trump, who seems to be ahead in the GOP Presidential polls?   Love him or hate him, Trump is a phenomenon.  Whether you are liberal or conservative, Tea Party or establishment, you must admit that Donald Trump has achieved a lot in his short political career.  And, while we are at it, let’s also admit that there may be some things about the Donald that some, well, don’t exactly care for.  But, there is no denying that he is at the top of the polls, is a political “first timer,” and he dominatespresidential debates, media coverage and dinner table conversation.  And, some peopleabsolutely LOVE Donald Trump.   So, there has to be something that Florida probate litigation attorneys can learn from Donald Trump, right? Consider…

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Distressed Florida Trust Beneficiary? Can a Florida Probate Lawyer Remove a Negligent Trustee?

Uncategorized Jan 14, 2016
post about Distressed Florida Trust Beneficiary? Can a Florida Probate Lawyer Remove a Negligent Trustee?

Are you the trustee of a revocable trust that is the subject of Florida  probate litigation? Florida probate lawyers know that when the probate court wants to remove the the trustee they may be required to give the trustee notice of a hearing prior to issuing the order. Want to learn more? Check out this recent appeal from Florida’s Second District Court of Appeal. 

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Florida Probate Litigants Get One Bite at the Apple, Fourth DCA Appeal Refuses New But Overly Similar Lawsuit on Grounds of Res Judicata

Uncategorized Jan 14, 2016
post about Florida Probate Litigants Get One Bite at the Apple, Fourth DCA Appeal Refuses New But Overly Similar Lawsuit on Grounds of Res Judicata

All too often in Florida probate litigation a party loses one lawsuit and  wants to bring another. Florida estate attorneys know that these clients should be wary of the doctrines of res judicata and estoppel. Do you know what that means? Check out this recent case out of the Fourth District Court of Appeal located in West Palm Beach to learn more. 

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What is the Difference Between a Probate Trial and Arbitration Trust Disputes?

Uncategorized Jan 14, 2016
post about What is the Difference Between a Probate Trial and Arbitration Trust Disputes?

Sometimes Florida probate litigation is not in the probate court but in an  arbitration tribunal. Estate litigation in Florida can sometimes transfer over to the American Arbitration Association or similar alternative dispute resolution forums. What is arbitration and more importantly can your Florida probate lawyer appeal an arbitration order from the Florida trust dispute? Check out this recent appeal from the Second District Court of Appeal to learn more. 

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Why is a Personal Representative Litigating this Wrongful Termination Lawsuit with a Florida University?

Uncategorized Jan 14, 2016
post about Why is a Personal Representative Litigating this Wrongful Termination Lawsuit with a Florida University?

Florida probate lawyers know that sometimes a lawsuit can go on past  someone’s life. Now you need a Florida probate attorney and you need to substitute parties following the death of a plaintiff or defendant. Who will be substituted? Florida probate litigators know that the answer is most likely the Florida personal representative. Check out this recent case out of the Fifth District Court of Appeal in Florida. 

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