Can a Probate Lawyer in Florida Get a Preliminary Injunction Against a Trustee? Stopping a Trustee from Selling Valuable Real Estate in Probate Court.

Are you a beneficiary of a West Palm Beach trust and you are worried  because the trustee is selling valuable trust property? Talk to a Florida trust lawyer about getting a preliminary injunction  during the course of your Florida probate litigation. Estate lawyers in Florida know what you have to prove to have an injunction issued, do you know the rules? Check out this recent case out of  the Fourth District Court of Appeal to learn more. 

Injunctions

• What is an injunction and what does it do?
• Probate litigation attorneys use injunctions to enjoin the other party which is a fancy way of saying stopping him from doing something.
• An aexample would be when a Florida probate lawyer stops the trustee from selling valuable trust assets prior to a hearing on the matter.
• Have you talked about your chances of being an awarded an injunction with your Florida estate lawyer?
• Probate attorneys Florida know that an injunction is an extraordinary remedy and you are going to have to hold an evidentiary hearing on the matter for the probate judge to rule.
• What is an evidentiary hearing and how is it different from other hearings?
• This is where the probate judge lets you call witnesses and introduce evidence.
• Florida Estate attorneys know that one time you can get an injunction is to protect property given its unique nature.
• Want to learn more about getting an injunction in probate court?
• Check out this recent case out of West Palm Beach.
• Can you get an injunction to stop the sale of the Delray Beach house in probate court?

Thoma v. O’Neal

• This was a case centered around a different type of injunction.
• The petitioner was seeking an injunction to stop repeat stalking.
• The idea is the same though, you are asking the Court for an extraordinary remedy and you have to prove your entitlement.
• What kind of evidence is the probate court going to hear in West Palm Beach when you move for an injunction?
• If you are unsure speak with a Florida estate attorney about your chances of success in your Florida trust dispute.

Want to learn more?

Check out the entire case by clicking here. 

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