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Yearly Archives: 2016

To Win an Elder Abuse Case in Florida You Have to Prove a Fiduciary Relationship. What Constitutes a Fiduciary Relationship?

Uncategorized Jan 7, 2016
post about To Win an Elder Abuse Case in Florida You Have to Prove a Fiduciary Relationship. What Constitutes a Fiduciary Relationship?

Estate litigation in Florida takes many forms, and Florida estate lawyers  do more than probate administration.Part of Florida probate litigation is ensuring that probate can happen. That means Probate attorneys Florida have to protect against Florida elder abuse. This recent appeal from California shows one important aspect of elder abuse in Florida – you have to show the Defendant was a fiduciary. 

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Is Trust Mismanagement Elder Abuse in Florida? Before You Decide Check Out this Recent Probate Appeal.

Uncategorized Jan 7, 2016
post about Is Trust Mismanagement Elder Abuse in Florida? Before You Decide Check Out this Recent Probate Appeal.

Did you know that trust mismanagement in Florida may be grounds  for estate litigation Florida based on elder abuse? Florida probate litigation rules change often and the advice of a Florida probate lawyer can help you decide whether or not the bank’s mismanagement of family trusts constitutes elder abuse. Check out this recent case out of the Appeals Court in California to learn more. 

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Will an email start a will contest? September 24, 2015 probate litigation case

Uncategorized Jan 5, 2016
post about Will an email start a will contest? September 24, 2015 probate litigation case

How many times have you heard an heir at law, a son or daughter, or perhaps even a daughter-in-law ,or son-in-law,of a rich Boca Raton or Florida millionaire complain about not getting as big an inheritanceas they wanted.  Estate litigation lawyers Florida will tell you that they hear these complaintsand moans & groans all the time.  What to do if you did not receive an inheritance or get as big a distribution from your parent’s Boynton Beach revocable trust as you had hoped for? Well before you reach for the Florida probate litigation lawyer on speed dial, consider that you might want to actually research & read about will contest cases and challenges to Palm Beach probates and Florida wills. Why does this matter? Well, if you want to sue to get your Florida inheritance, you will have to comply with a bunch of legal, or perhaps technical, hurdles, which you othewise might consider nothing more than legal mumbo jumbo. BUT if you don’t jump through the right hoops, your Florida probate lawyer may not be able to help youget an inheritance.

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Florida Probate Lawyers May Be Able to Undo Lifetime (Inter Vivos) Gifts in a Florida Probate Lawsuit, Learn How

Uncategorized Jan 5, 2016
post about Florida Probate Lawyers May Be Able to Undo Lifetime (Inter Vivos) Gifts in a Florida Probate Lawsuit, Learn How

Estate litigation in Florida can be expensive and time consuming, and it is  surprising how few people consider getting a Florida probate lawyer when their rights have been infringed. Did you know that Florida probate litigation may be able to undo gifts that were given during a person’s lifetime (so called inter vivos gifts)? Check out this recent case out of Kentucky to learn more.

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When does a rule 1.510 motion for summary judgment make sense in a probate lawsuit? 5 things to consider for Florida probate litigation

Uncategorized Jan 4, 2016
post about When does a rule 1.510 motion for summary judgment make sense in a probate lawsuit? 5 things to consider for Florida probate litigation

Let’s say that you are in the middle of a trust lawsuit Palm Beach or maybe a will contest Florida.  The other side just filed a motion for summary judgment and your probate litigator Florida just told you that this may be the end of your inheritance case.  What?  Or, perhaps, you have asked your estate lawyer Palm Beach whether filing a motion for summary judgment on a limited issue makes sense, and now you are discussing trial strategy.  When does a summary judgment make sense in a Florida probate lawsuit?  Here are 5 things to consider when involved in estate lawsuits Florida and also trust litigation Delray Beach:

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6 Siblings Fight Over Florida Homestead: December 18, 2015 1st DCA trust appeal

Uncategorized Jan 4, 2016
post about 6 Siblings Fight Over Florida Homestead: December 18, 2015 1st DCA trust appeal

Homestead Florida is a hot topic for probate litigation law firms.  It is an area of the law which many find confusing, and which estate lawyers Florida are always reading recent appeals court decisions or appellate court decisions on.  Here is a probate litigation case in Florida where 6 siblings are quarrelling over the familiy homestead and the existence, or non existence, of a family trust.  What interest in real estate do 2 trustees get if the real estate is deeded to them, as trustees?  Do the trustees get a 100% fee interest, or do they get legal title to hold the real estate for the trust beneficiaries?  This December 18, 2015 1st DCA case involves an appeal of a homestead and trust issue, which is a probate or trust litigation Florida matter.  Here is the opinion, originally published as 40 Fla. L. Weekly D 2809, but REPUBLISHED by a corrected opinion on December 22, 2015: https://edca.1dca.org/DCADocs/2015/0364/150364_1287_12222015_115448_i.pdf

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The Limits of Civil Contempt in Florida

Uncategorized Jan 4, 2016
post about The Limits of Civil Contempt in Florida

Trial judges have many tools at their disposal to compel compliance with court orders, including court discovery orders in civil cases. On December 9, 2015, Florida’s Fourth District Court of Appeal in West Palm Beach issued its opinion in the case of Huber v. Disaster Solutions, LLC, Case Nos. 4D13-4360 / 4D14-520. http://4dca.org/opinions/Dec.%202015/12-09-15/4D13-4360.op.pdf

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