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Yearly Archives: 2018

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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Florida Probate Litigation: What Can You Do To Find Out What’s Going On With Your Mom or Dad’s Estate?

Uncategorized Nov 20, 2018
post about Florida Probate Litigation: What Can You Do To Find Out What’s Going On With Your Mom or Dad’s Estate?

Are you questioning whether or not a certain Florida estate is being probated? What can you do to find out what’s going on with a West Palm Beach or Orlando estate? Are you unsure as to whether a decedent’s Palm Beach estate is being administered ? If the decedent owed you money and you are a creditor, how can you find out information about the estate? What if you’re an interested person or family member who is supposed to receive an inheritance and no one is telling you what’s going on?

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