A February 21, 2017 First DCA opinion, Depriest v. Greeson, as Personal Representative of the Estate of Christian W. Schnitzspahn discusses whether or not Florida’s dangerous instrumentality doctrine makes the estate vicariously liable for damages, when the damages occurred after decedent’s death but before the appointment of the personal representative.
If you’re involved in a Florida will contest or inheritance lawsuit, you may have heard about, or even experienced, depositions. A deposition is where someone is placed in front of a video tape and/or a court reporter, and asked questions by opposing counsel. The person being deposed is required to answer the questions truthfully and under oath. In a Florida estate or family law case, can you depose a minor? Can you compel a minor (someone less than 18 year old) to sit for a deposition, or is that too burdensome? Will the law permit a minor to get protection from being deposed? A 2017 case, involving a motor vehicle accident, in the Second DCA dealt with this subject.
Are you involved in a Florida lawsuit? Has your attorney drafted a motion for sanctions against the other party? Do you know what Florida Statute 57.105 is? What are the strict requirements of Rule 2.516? Why is it important for trust and estates lawyers to be very familiar with this rule? If you are involved in civil litigation matter, or if you are a Florida lawyer, you may want to read Estimable v. Prophete.
In Florida probate litigation, can you be held in contempt of court if you don’t know what you’re supposed to do? Can you be held in contempt of the court if you ignore a court order and then show disrespect towards the probate judge? If you are involved in an inheritance lawsuit in Florida or estate litigation West Palm Beach, you may want to learn about contempt. A May 21,2017 opinion from the Fourth District Court of Appeal, an appellate court in Florida, discusses the issue of contempt in a way that can help you in your probate trial.
People have a right to choose who they would like their counsel or trial attorney to be. However, in certain circumstances, a lawyer can be disqualified from representing a client. How do Palm Beach courts decide whether a motion for disqualification should be granted or not? If you are involved in trust and estates litigation, you may want to read a December 7, 2016 Fourth DCA case, Philip Morris USA, Inc. v. Caro.
Do you believe that one of your parents was a victim of probate fraud involving undue influence in Florida? What is probate fraud in Florida probate litigation? What should probate litigators in West Palm Beach know about probate fraud and undue influence? Is undue influence an example of probate fraud? When should you call a West Palm Beach trust and estates lawyer?
If you’re a surviving spouse, you’ve probably heard of Florida’s elective share. That is a spouse’s guaranteed inheritance that you receive regardless of what the will or trust says as long as you haven’t waived your rights to receive an inheritance from your spouse. In determining when you have to make that election, or exercise your inheritance rights, keep 2 important time periods in mind One is a 6 month time period and one is a two year time period. You should read Florida Statute, section 732.2125 and talk to a West Palm Beach probate litigation attorney about this important probate topic.
If two people are married according to the laws of a foreign country, will that marriage be deemed valid by a Florida probate court? Do the Florida probate courts look to the foreign country’s laws to determine whether reputed spouses from a foreign country should be considered married? What if a reputed spouse argues to a Florida probate court that, under a foreign law, she is married to the decedent? You may want to read Cohen v. Shushan, a March 15,2017 Second DCA opinion.
If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.
In a Florida probate or divorce case, when can a lawyer be disqualified? Can my Palm Beach lawyer be disqualified? When is disqualification of counsel appropriate in West Palm Beach litigation? In Florida, what is the standard for determining whether counsel should be disqualified? What is a motion to disqualify? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.