Has the Florida court appointed an estate conservator? How is that different then the personal representativeof a Florida estate? More importantly can you sue the conservator for breach of fiduciary duty like you can a personal representative? What about suing the conservator’s attorney for legal malpractice? Check out this recent probate appeal from California to learn more.
If you are involved in Palm Beach estate, probate, trust or guardianship, it may have crossed your mind to find a probate litigator Florida. Not just a Florida probate lawyer, or estate attorney, but one who limits his or her practice to litigating probate disputes. You know, someone who tries cases and goes to court for estate trials. A lawyer who is familiar with evidence, the introduction of evidence, and how to try a will contest Florida. So, if, unfortunately, I guess, you have to hire a probate litigation law firm Florida, here are 5 questions which you may want to ask.
If you are considering filing a will contest with a Florida estate litigator, time is of the essence. You may have as little as 90 days left to file the lawsuit because of the statute of limitations. There are certain ways to toll the statute but you have to make sure you are fitting within one of them or you will end up like the plaintiff in this Washington Supreme Court case. Make sure you do not waive your right to a claim by sitting on it for too long in Florida estate litigation.
Florida probate lawyers are bound by the Rules of Professional Conduct that are set by the Florida Bar. What happens if your Florida estate attorney is not answering your phone calls or acting unethically? Check out this recent case where a lawyer took loans from a client and it resulted in estate litigation.
Clients often think that they can use estate litigation Florida to harass family members during the probate administration process. So what happens when a Florida probate lawyer is caught using Florida probate litigation for improper motives? Believe it or not the Florida probate court will sanction Probate attorneys Florida for so called bad faith litigation. Want to learn more? Check out this recent probate appeal from Arkansas.
Estate litigation in Florida changed a lot after the recent US Supreme Court decision that made gay marriage legal throughout the United States. But what does marriage have to do with Florida probate litigation? Take it from a Florida will contest lawyer, a lot. Did the recent Court opinion really make gay marriage legal in all 50 States? According to an Alabama Judge and his order released on January 6, 2016, apparently not.
A lot of estate litigation Florida centers around elder abuse given our aging population. Florida probate litigation requires you to get personal jurisdiction over those that have used their position of trust to abuse your loved ones. Have you spoken to a Florida probate lawyer about potential elder abuse? You may want to read this recent case on jurisdiction prior to filing a case against an elder abuser in Florida.
If you are a beneficiary of a Florida trust listen up you may be able to use estate litigation in Florida to get a new trustee put in. Florida probate litigation includes trust disputes. Want to learn what is considered a breach of fiduciary duty? You may want to check out this recent case out of the Fourth District Court of Appeal to learn more.
Sadly more and more estate litigation in Florida is focusing on elder and financial abuse. Florida probate lawyersknow that guardian ad litems should be wary of financial advisors that abuse their positions of trust. Want to learn more? Check out this recent case the Court of Appeals in Oregon.
Estate litigation in Florida unfortunately sometimes has to involve children. If you had a loved one die as a result of the negligence of a doctor you may need a Florida probate lawyer for a wrongful death case.Why does this involve Florida probate litigation? Did you know that the personal representative will have to sue on behalf of the estate? This recent appeal from the Appeals Court in West Palm Beach shows probate attorneys in Florida that damages may be capped by statute.