Two recent Florida appeals court opinions provide guidance on transferring a lawsuit to another court. Maybe another state. When that other court would be more convenient. These opinions also examine the evidentiary obligation of the person making the motion. And, they consider the discretion of the court to transfer a case based upon the “interests of justice.” “Everything” you need to know about forum non conveniens in 3 minutes and 12 seconds. What is forum non conveniens? If the lawsuit was filed in a court that may be proper, BUT another court may be more “appropriate.” A defendant can file a motion that asks the court to move the case to a more convenient forum. That could be in another county or state. There is “tension” in the law . Between the preference of the party filing the lawsuit to select an appropriate forum. Yes, the plaintiff generally gets to select her venue among multiple proper ones. See Rule 1.060 (b). So, where’s the legal tension? Well, the defendant can ask for a more appropriate court room. In many instances, defendants can be sued in multiple counties in Florida. If the plaintiff files in a permitted courthouse, the defendant can still ask the court to move the case. And, the court has certain discretion in the interests of justice. That’s the legal tension. Note that this type of motion is different than a motion to dismiss for failure to state a cause of action. See Florida Statutes Chapter 47 on […]

Summary judgment has changed in Florida. Knowing the new rule is only part of it. You need to know how an order on summary judgment should be written. What it must say. An August, 2022 opinion helps you understand this. To view a free Legal Video on this very topic from a lawyer who actually handles this interesting legal topic, and similar matters, CLICK HERE. The Basics Summary judgment may indeed be a short cut to victory. It could avoid a trial. (Be sure to read Rule 1.510). After all, if there’s no need for a trial, why have one, right? SJ can be granted by a judge if there is no disputed issue of MATERIAL FACT. If there is a pure question of law, why not just have the judge tell you how she will rule? In other words, if the law is clear, you may be entitled to “judgment as a matter of law.” This shortcut can save you thousands of dollars in legal fees and months of time litigating. Want to read more? Update: for a 4th DCA opinion on a defective affidavit when summary judgment was sought, read the Gromann v Avatar case Recent Case In April of 2021, the Florida Supreme Court changed the summary judgment rule. One purpose was to make Florida’s rule more like the federal rule. With the new standard, it’s not enough for a court to rule. The court must rule correctly. If not, the ruling can be appealed at the […]

Finding a good Florida guardianship lawyer should not be hard. There are, after all, dozens of so called “elder law” attorneys and “guardianship attorneys.” But if you are in a “fight” or a contested guardianship, don’t you need firepower? A guardianship trial attorney? A December 15, 2021 case lets you get up to speed very quickly on some of the most important legal principles. To see a number of FREE FLORIDA GUARDIANSHIP VIDEOS, simply click those words. What You Need to Read How can you learn the basic “legal stuff” about guardianships quickly? There are four things to read. The Florida Guardianship Code. Chapter 744 of the Florida Statutes is our Guardianship Code. That is an excellent place to start. It sets for the basic legal concepts, some procedural time frames and legal rights. Second, consider reading the Florida Probate Rules. Why? Because there are special rules for guardianships. See Part III to the Rules. I know that everyone has see the Netflix film, I Care a Lot, or have read about the Britney Spears guardianship. But in Florida, you might consider taking your cues from serious, experienced guardianship trial attorneys. Read Florida Appellate Opinions. These are written legal opinions from our District Courts of Appeal. There is a December 15, 2021 opinion from the 3rd District Court of Appeal. That court handles appeals for Miami-Dade County. Let’s see what we can learn from their opinion in the In Re: Guardianship of Ash. Florida Guardianship Lawyer — do I really […]

Sometimes, to exercise your rights in a Florida probate, you have to file estate objections. This is particularly true with a surviving spouse . Why? Because a spouse has a lot of legal rights and options in a probate. Elections to make–or not make. What about compensation and attorneys fees? Yup, someone might object to them. A November 24, 2021 case discusses when one has standing in a Florida estate or probate to object. Estate Objections What’s to object to? Things like: compensation of the Personal Representative, fees, costs and how the estate is being administered or how property is being managed. You have to object to an estate inventory before the estate is closed. But for other matters, you may have to object much sooner. Compensation of the executor (personal representative) Attorneys fees Determination of beneficiaries Costs incurred or estate money spent Elective share elections Family allowance Estate property inventory Probate accounting Statements of claim Creditors claims and more……………….. ! How Can I Learn More (What Do I Need to Read Right Now) ? The Florida Probate Code is the set of statutes or laws which govern estates. Estates are those legal proceedings or entities which are created when a Florida resident dies. The person in charge of a Florida estate is the “Personal Representative.” What does she do? A personal representative of a Florida probate does a lot ! They: gather assets, pay creditors, pay estate administration expenses, deal with any issues like litigation or payment of final […]

If you are owed anything from a dead person in Florida, file a statement of claim absolutely no later than 2 years after the date of death. Wow, that’s an earful. A November 24, 2021 Florida Appellate Opinion on estate claims reminds us about Florida’s Statute of Nonclaim. And why you need to file a statement of claim ASAP in a Florida probate. To read more about creditors claims in Florida estates or probates, you can click HERE. Claims in a Florida Probate If you are owed anything from someone who dies, you need to open a probate. And make your claim ! If a probate is opened, that saves you a step! Now, you need to file a timely statement of claim. (If you don’t want to open a probate, consider filing a CAVEAT. But be careful of the 2 years time frame.) If you lent money to a person who is now deceased, break out the loan agreement. It probably has a provision on what to do if the borrower dies. But money lent or loans are just one example of a claim that must be filed in a probate in Florida. If you have rights under a prenup, a contract, or an operating agreement, like a Florida LLC, you need to file a statement of claim. And the law limits how much time you have to do that. If you don’t file your claim properly and timely, you are out of luck. For a free Florida probate […]

Need an undue influence lawyer Florida? Understanding this legal concept can assist in finding an experienced attorney for your will contest or trust contest. To see a free video on undue influence, you can click HERE. To read more about undue influence, click HERE. Now, let’s discuss this topic in light of a November 17, 2021 opinion from the Miami-Dade Appellate Court. What is Undue Influence? Undue influence is a form of fraud that can cause a will or trust to be void. If someone caused a will or trust to be signed by undue influence, it’s void. Undue influence is over-pursuasion, force, coercion. Pressure. When that pressure or force or influence is so great, the “undue-influencer’s” desire and intent replace the victim’s. To read more about this legal topic, click HERE. To read about the warning signs of undue influence, click this FREE Florida probate legal commentary. Recent Appellate Opinion Undue Influence Lawyer Florida On November 17, 2021, the 3rd District Court of Appeal issues its opinion in the case of In Re: Estate of Tien. You can read that opinion for free . That case dealt with related issues involving a challenge to the will, a voluntary dismissal and a caveat.

Even though attorneys are often the brunt of jokes, they do serious work. And are held to high ethical standards. They owe duties of loyalty to clients. As they should, right? And they should be disqualified if they are presented with a conflict of interest. This Florida legal commentary will discuss disqualifying an attorney in Florida. Including a November 3, 2021 appellate opinion. (We have previously discussed this subject HERE and HERE.) Even if you are a FORMER client, you have rights. Ethical Duties of Florida Lawyers Lawyers in Florida are held to high ethical standards. Lawyers owe clients a duty of loyalty. The Florida Bar has an Ethics Hotline that consumers and attorneys can call. You can review, search, and read, for free, Florida Bar Ethics Opinions online. A lawyer must always act in the best interest of her client. And while a lawyer is not required to be perfect, she must always seek to put the client first. That’s what a fiduciary does. You place your client’s interest over everyone else’s, including your own. And when your interests as a lawyer conflict or collide with a client’s, the lawyer must disclose that conflict. In most instances, the lawyer must also end the representation. Although, some conflicts may be knowingly (and voluntarily) approved of, or consented to, by the client. To read more about ethical duties of Florida lawyers, read the Rules Regulating The Florida Bar. Focus on Chapter 4 Rules of Professional Conduct. Disqualifying an Attorney in Florida […]

Want to object to a trust? You need trust standing Florida to bring a trust contest. Also called a “trust challenge.” That means you have to have some connection to the trust, a prior trust, the trustee, or the dead person who created it. A recent Florida Appellate Court decision tells you more about whether you can attack a trust. It’s worth a read whether you want to have the trust voided, or if you are the trustee, and you have to defend the lawsuit. 1st Steps 1st — what is standing and why do I need it? What is trust standing Florida? Why does it matter? Think of standing as the legal connection one has to the trust. After all, everybody in the world can’t come in and object to a trust or launch a trust challenge. You need some connection. You have to have an interest that was affected by a trust before you can file a trust lawsuit attacking it. And it matters for two reasons. 1st, family members and prior beneficiaries may want to challenge a change to the trust if there was undue influence or fraud. And — 2nd — let’s face it, there are a lot of trusts in Florida! Holding billions and billions of dollars. And many times, a trust will be “restated” or “amended.” Or revoked ! And a new trust created. Not surprisingly, those trust documents often leaven out certain family members, or beneficiaries. Sometimes they leave more to another family […]

There are dozens if not hundreds of claims each year of undue influence Florida. Learning about this concept will assist you in understanding how you lost your inheritance in a trust or estate. If you have been sued for this, a recent, October 13, 2021 opinion will help you get your arms around what you have been accused of. Who Stole My Inheritance? A claim of undue influence Florida is serious business. After all, if you make that claim, you are calling out some probate fraud. Undue influence is when someone causes another to sign a document or do something that really isn’t there idea. It’s the idea of the “undue influencer.” If someone is “undue-influencing” another, the person who does that is trying to take financial advantage of another. The person who is doing it may be referred to as the financial predator. The recipient of the undue influence may be called the victim. Think of it in the context of will signing or changing a bank account beneficiary. “Put my name on the bank account or I’ll put you in a home and you’ll never see the grandkids.” Did someone use force, or coercion to have you sign that will? Even over-pursuasion counts. Does Your Case Have the Warning Signs? Here are some warning signs to look for to help determine if there was undue influence in a will signing, beneficiary change, bank account change or trust document: WHO came up with the idea to do this — […]

Lots of trust beneficiaries know that you can sue your Florida trustee for breach of trust. But can you sue the trustee’s lawyers too? How about those that assist a trustee in doing bad things? A recent appellate opinion discusses what is aiding and abetting a breach of fiduciary duty. We have written about this topic before. To learn more, click HERE, and keep reading. Getting the Background: what it’s like to be trustee in the State of Florida Lots of family members and trust beneficiaries take issue with their trustee. Whether or not trustee criticism is justified depends on your case. And your trust. And your attitude. Candidly, not every trustee is necessarily bad. And a lot of beneficiaries don’t like the idea of asking a trustee for money. Let’s face it: most people want their inheritance “outright“….and not in a trust. But being a trustee is serious business. A Florida trustee is managing property of another for beneficiaries. She is a fiduciary who is supposed to place the interests of her beneficiaries above everyone else’s–including her own. And, in fairness to trust beneficiaries, the Florida trustee has a lot of duties they owe to beneficiaries. It’s all in the Florida Trust Code. Trustees are actually not required to serve as trustee. You can decline. Just because you are named in a trust document does not mean you have to be the trustee. Now, let’s get back to those duties a trustee owes its beneficiaries. If you breach, or […]