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Yearly Archives: 2018

Florida Probate Litigation and Questions of Statutory Interpretation

Uncategorized Dec 28, 2018
post about Florida Probate Litigation and Questions of Statutory Interpretation

Is there a relevant Florida statute in your inheritance case that could be interpreted multiple ways? What happens if one party to a probate lawsuit argues that a statute should be interpreted one way and the other party argues the opposite? How does the Florida probate court review questions of statutory interpretation? What should West Palm Beach probate lawyers know about statutory interpretation? A recent Second DCA opinion, Gordon v. Fishman, discusses this issue. 

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If You Wrote Your Florida Will BEFORE Marriage, Can Your Ex-Spouse Inherit?

Uncategorized Dec 27, 2018
post about If You Wrote Your Florida Will BEFORE Marriage, Can Your Ex-Spouse Inherit?

Under Section 732.507 of the Florida Statutes, if the decedent’s Florida will is written while the decedent was married, and the ex-spouse is mentioned as a beneficiary, the court will act as if the ex-spouse predeceased the decedent. Therefore, the ex-spouse will not inherit under the will unless there is specific language that provides otherwise. However, what happens if the will naming the ex-spouse as a beneficiary was written BEFORE the marriage? Does Section 732.507 still prevent the ex-spouse from inheriting? 

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Florida Trust and Estates Litigation: When Should Disqualification of a Party’s Chosen Lawyer Be Permitted?

Uncategorized Dec 20, 2018
post about Florida Trust and Estates Litigation: When Should Disqualification of a Party’s Chosen Lawyer Be Permitted?

Should disqualification of a party’s chosen trial lawyer be permitted by the probate court in West Palm Beach? When is it justified to disqualify a trust lawyer from representing someone in a particular matter? What is a conflict of interest? If a lawyer tells a lawyer from another firm about the facts and strategies of a case, can the lawyer from the other firm now, knowing the inside strategies, represent the opposing party in that same matter? You should read Lopez v. Flores, a recent Third DCA opinion.

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Do you Know how to File an Objection to an Orlando Will or Probate?

Uncategorized Dec 19, 2018
post about Do you Know how to File an Objection to an Orlando Will or Probate?

Do you know how to object to an Orlando probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in an Orlando estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials throughout Florida. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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How do You Know Which Version of a Statute Applies in Your Florida Probate Case?

Uncategorized Dec 18, 2018
post about How do You Know Which Version of a Statute Applies in Your Florida Probate Case?

When a statute has amendments, how do you know which version should be applied to your case? When do amended versions of a Florida statute apply instead of the original?  The applicable version of a statute is ordinarily the one “in effect when the cause of action arose.”  A December 12, 2018 Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin, discusses this issue. Although this is a wrongful death opinion, West Palm Beach probate lawyers encounter similar fact patterns. 

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Florida Probate Lawsuits: What is the Applicable Version of the Statute?

Uncategorized Dec 18, 2018
post about Florida Probate Lawsuits: What is the Applicable Version of the Statute?

The applicable version of a statute is ordinarily the one “in effect when the cause of action arose.” What does this mean? What should probate lawyers know about this? Florida lawyers know that ,sometimes, there are multiple versions of Florida statutes. Amended versions of statutes can be pretty different from the originals. Therefore, it is important to understand which version of a statute is applicable in your matter. A December 12, 2018 Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin, discusses this issue. 

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Do you know how to file an objection to an Orlando will or probate ?

Uncategorized Dec 18, 2018
post about Do you know how to file an objection to an Orlando will or probate ?

Do you know how to file an objection to an Orlando  will? If your mom dies in Orlando, and a will is filed with the probate court that you do not believe is valid, can you object to it? How can a West Palm Beach trust and estates lawyer help you object to the validity of an Orlando or Palm Beach will? Do you know how to object to an Orlando  probate? Do you need to file an objection to an Orlando estate proceeding within a certain timeframe? 

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Are Revocable Trusts Only Beneficial After the Creator Dies?

Uncategorized Dec 14, 2018
post about Are Revocable Trusts Only Beneficial After the Creator Dies?

West Palm Beach estate lawyers and trust attorneys are noticing that trust litigation in Florida is booming! This is probably because people are using revocable trusts to hold family valuables, and dispose of them. Did you know that trusts can, and often do, operate DURING the trust creator’s lifetime? This means that a trust can operate when the trust creator is still alive, not just after the creator passes away. A trust can be created to insure that certain things of value, such as the ownership of an N.F.L. team, remain in the family even if the creator of the trust becomes incapacitated from Dementia or Alzheimers.

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