Is the probate court about to make a huge mistake by giving away the Delray Beach House when you have not made your appearance to contest the will? If time is of the essence you may have to file a writ of prohibition to stop the trial court from taking improper action. This is an extraordinary remedy so it may be an uphill battle. Check out how and when to use a writ of prohibition.
Are you stuck in the heat of a long family war that has turned into a probate lawsuit? The other side may be bringing up false claims and even lying under oath but what can you do to stop them? Believe it or not material misrepresentations could bring the ultimate penalty, dismissal of the other side’s entire claim! How can you get the Court to award this sanction in West Palm Beach probate lawsuits?
Trial Courts in West Palm Beach may be wary to award you attorney fees because of what a rare remedy that really is. Do not be surprised when it is an uphill battle to get your fees in a Probate lawsuit. That being said you may be able to appeal a denial for the right reasons. Check out this new case out of the Third District Court of Appeal in Miami to learn why and how!
Florida does not use common law marriages anymore but does recognize them from other states and countries sometimes. So does a common law or informal marriage offer you any probate rights in West Palm Beach? This is a complicated matter that you should discuss with an experienced probate law firm before you move forward. Failure to make the right moves could spell disaster in the probate court. Check out this recent appeal from Texas to learn why.
If you have been involved in a different type of lawsuit and are now in a probate lawsuit you probably have questions. A probate lawsuit in West Palm Beach has some similarities but many differences from a standard civil lawsuit. For example how do you settle a West Palm Beach will contest through a mediation agreement? Can the Court Order something contrary to the will if everyone agrees?
If you are considering filing a will contest in West Palm Beach, 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.
Can someone serving as a West Palm Beach guardian elect to hire a lawyer on contingency? You may be concerned that there are ethical issues with hiring a contingency paid lawyer for your ward while you are serving as the guardian. This is not to say that there are not considerations to be made, but the practice is certainly allowed. In fact many would condone this act if it gets the helpless ward paid in the end. Check out this recent appeal from the Second District Court of Appeal to learn more.
Are you currently serving as the personal representative in West Palm Beach? The probate judgemay issue orders you disagree with. That is part of life as a personal representative. What are your rights as far as refusing them? A recent case out of Florida shows the predicament you could be in if you knowingly and willfully disobey a court order in West Palm Beach. Learn how to avoid contempt charges through proper motion practice.
Are you trying to start the estate administration process in West Palm Beach? You may need to retain an attorney licensed in Florida to serve as resident agent but if the estate is worth less than$75,000 then you may be able to go through informal or summary probate and save some money and time. Do you know how to open an estate in West Palm Beach?
Are you the beneficiary of a will in West Palm Beach only to find out the will was invalid due to the negligence of a probate attorney? You may be able to sue for malpractice but you are going to want to understand the principle of a third party beneficiary contract as well as how a malpractice lawsuit works. Here is a quick and dirty guide to read on your way to consult with a malpractice attorney in West Palm Beach.