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?

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.

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.

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!

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.  

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.

What do I do if  the language in an Orlando trust is not clear? How can two people read a Florida trust document and believe it says completely different things? What can I do if my sister and I disagree about the meaning of language in our mom’s trust? Should I call a West Palm Beach probate lawyer?

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?

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.