When can a seller back out of a contract to sell a Florida condo? And when does the seller have to use good faith and reasonably diligent efforts to help close a real estate sale that she doesn’t want?
On June 7, 2017, Florida’s 4th District Court of Appeal in West Palm Beach overturned a Broward County ruling awarding attorneys fees as sanctions under Florida law 57.105. Why? The statutory notice requirement was improper. Estimable v. Prophete ___ So. 3d ___ (Fla., 4th DCA, June 7, 2017.)
Probate litigation lawyers know that it can be very helpful to have a court reporter present at all hearings. This includes hearings that you may believe are “no big deal”. This makes sense since the cost is relatively small, and transcripts provide a solid record of what was said by whom, and what transpired throughout a lawsuit.
On June 6, 2017, Florida’s 1st District Court of Appeal issued its opinion in the legal malpractice case Riverwood Nursing Center, LLC v. Gilroy. You can read this opinion for free at the 1st DCA website. A link is also provided at the end of this Florida Legal Commentary. In this recent case of professional negligence, the Florida Appeals Court upheld a summary judgment order issued by the trial court, which, in essence, dismissed the legal malpractice lawsuit based upon the statute of limitations.
BBC News reports that Adam West, best known for his lead role in the 1960’s TV series Batman, has passed away. He was 88 years old at the time of his death. He lost his battle with leukemia. Who will inherit from his estate? What is his estate worth? Did he have a will? Did he have a trust? An April 27,2016 Forbes article states that ,”according to a 2015 Rocket Lawyer survey, 64% of Americans in general don’t have a will.” However, hopefully, he had at least a simple estate plan.
On June 7, 2017, the 4th DCA overturned a Broward County ruling awarding attorneys fees as sanctions under Florida law 57.105 because the notice requirement was improper. Ask your Florida trust lawyer about fake lawsuits and groundless inheritance fights. Why? Because under an obscure, almost secret, Florida law understood by virtually only experienced trial lawyers, you may be able to get your attorneys fees paid for by the other side. To read about the Broward County ruling that was over-turned by the Palm Beach appeals court, read on:
If you have a malpractice case against a Florida lawyer, you will want to read a June 6, 2017 appellate court opinion which was just handed down. This opinion deals with the statute of limitations for suing a Florida lawyer.
A will that is the result of undue influence or lack of mental capacity is void in Florida. Just ask any Palm Beach estate lawyer and they will tell you that undue influence lawsuits are not uncommon. What may be uncommon, however, is guidance for family members and will beneficiaries who are the victims of undue influence. What do you do if you got cut out of the Florida will improperly? What are my rights to contest a will? Here are 5 things to consider.
Are you involved in an inheritance dispute in Florida? Do you live in New York, but your mom recently passed away in Florida? Do you have questions about the probate process in Florida? Do you and your siblings need help getting your inheritance? Do you feel your grandmother, who had dementia, was taken advantage of and unduly influenced to change her will? John Pankauski, managing partner at Pankauski Hauser, has just released his second book, Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed.
Bank account lawsuits can be common for estate lawyers in Palm Beach after the owner dies. Why? Well who inherits a bank account if the will says that all bank accounts “go” to Johnny, but the bank account with $2 Million has Janey’s name on it, JTROS? If you are faced with inheriting a bank account in a Florida probate, but the one who runs the estate says you don’t get the $2 Million, here are some tips to help you find out who inherits under the Florida probate laws. And remember, you can read the Florida Probate Rules and the Florida Probate Code, which are different, although related, online for free.