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Yearly Archives: 2018

Florida Estate Lawsuits and Production of Documents

Uncategorized Dec 4, 2018
post about Florida Estate Lawsuits and Production of Documents

In your Palm Beach inheritance lawsuit, are you seeing the documents you need to make your case? If you are in the middle of an inheritance dispute, are you getting to see the documents necessary to successfully argue your case? Have you seen important bank statements, bank records, medical reports, financial statements, and POA’s? Ask your probate litigation attorney if he or she is filing a request for production of documents to the other side or any party. While the Florida Probate Rules do apply, the Florida Rules of Civil Procedure are very important here. There’s a very specific rule, 1.350 of Florida’s Rules of Civil Procedure, about requesting and producing documents. You should know what your rights are, and how to get documents through the discovery phase of your inheritance lawsuit. Ask your probate attorney for more information or read the rule in its entirety below.

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Florida’s Slayer Statute: How Does it Affect Inheritance?

Uncategorized Dec 3, 2018
post about Florida’s Slayer Statute: How Does it Affect Inheritance?

What is a “slayer statute”? What does Florida’s slayer statute say? When does the slayer statute apply? What should West Palm Beach probate litigators know about the slayer statute? How can the slayer statute affect someone’s inheritance? If you murder someone, can you still inherit from him or her in Florida? Does your Orlando probate matter involve Florida’s slayer statute? If you are involved in a probate matter where the decedent was murdered, you should definitely read and understand Florida’s slayer statute. A West Palm Beach inheritance lawyer can help you to understand this statute if you need assistance. To interview a West Palm Beach probate attorney, free of charge, call (561) 514-0900 Ext.101.

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Florida Guardianships & Court Appointed Attorneys

Uncategorized Dec 3, 2018

Who may be subject to a guardianship in Florida? What do I do if a family member files for guardianship of me? What happens if I am deemed incapacitated by a West Palm Beach guardianship court? When should I hire a Florida guardianship lawyer? What if I don’t like the court appointed attorney? As an alleged incapacitated person, can I hire my own lawyer? What is Florida Statute 744.331?

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If I am Appointed as the Executor or Personal Representative of a Florida Will, When do I Have to Begin Work?

Uncategorized Nov 30, 2018

If I am appointed as the executor or personal representative of a Florida will, when do I have to begin work? What if I don’t want to be the personal representative of a Palm Beach estate? Do I have a duty, as nominated personal representative of a Florida estate, to prevent harm caused by the estate? Am I the official personal representative if I have not yet been appointed by a Florida probate court? A February 21, 2017 First District Court of Appeal opinion discusses this issue and a Milton, Florida estate.

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Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

Uncategorized Nov 30, 2018
post about Under Florida Law, Can You Compel a Court to Act or Refrain From Acting?

If you believe that a probate court in Palm Beach County is not doing something that you need them to do, you may want to consider a writ of mandamus. What is a writ of mandamus according to Florida law? Probate litigators know that you may be able to file a petition for write of mandamus with the appellate court. You should consult with an experienced probate lawyer who can help you decide whether or not you should ask for this type of relief.

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Why Should I Have a Court Reporter Present at My Florida Probate Trial?

Uncategorized Nov 30, 2018
post about Why Should I Have a Court Reporter Present at My Florida Probate Trial?

A January 4, 2017 Fourth District Court of Appeal opinion, Reid v. Guardianship of Margaret Reid, shows us just how important it is to have a court reporter present at important hearings and trials. Why is this important? West Palm Beach appellate attorneys know that having a court reporter present is important  because, if you choose to appeal, a transcript can be essential. Judges in the Fourth District Court of Appeal or other Florida courts need the transcript in order to know what went on in your guardianship or probate lawsuit in circuit court. Without a transcript, how can a judge know whether something was decided incorrectly or not?  Although some courts do record hearings, which can later be transcribed, it is always better to be safe than sorry. Request a court reporter!

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West Palm Beach Litigation: When can a West Palm Beach probate lawyer bring an unjust enrichment claim?

Uncategorized Nov 29, 2018
post about West Palm Beach Litigation: When can a West Palm Beach probate lawyer bring an unjust enrichment claim?

Are you thinking about bringing an unjust enrichment claim? Do you know what the affirmative defenses to an unjust enrichment claim are? What is an unjust enrichment action?  What should Florida litigators know about unjust enrichment actions? Are there statutes of limitations that may bar an unjust enrichment claim? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

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Florida Temporary Injunctions, Divorce, and Inheritances

Uncategorized Nov 27, 2018

Do you know what a temporary injunction is? When can you request an injunction in your Florida inheritance or divorce lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission? Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Olson v. Olson.

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