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Category: Uncategorized

Florida Statute 733.212: Objecting to a Florida Probate

Uncategorized Apr 3, 2019
post about Florida Statute 733.212: Objecting to a Florida Probate

Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration?

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Sibling Rivalry in Trust and Estates Lawsuits

Uncategorized Apr 3, 2019
post about Sibling Rivalry in Trust and Estates Lawsuits

Probate litigators in Florida frequently encounter cases where family members sue each other. This may sound crazy but, when an inheritance is involved, siblings can turn against one another in the blink of an eye. Florida probate lawyers who handle litigation know that, while family members may “fight” over money and property, often times, there are very strong personal feelings involved among brothers and sisters. 

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Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Uncategorized Apr 3, 2019
post about Do Trustees in West Palm Beach Owe a Fiduciary Duty to the Beneficiaries? Yes!

Are you a beneficiary of a Florida trust? If so, do you believe that the trustee has acted improperly? Has the trustee of your mom’s Florida trust taken funds for his own benefit? Has the personal representative of your dad’s Palm Beach estate failed to act in the best interest of the beneficiaries?  Florida probate litigation includes trust disputes.  You may want to check out Turkish v. Brody, a recent case out of the Third District Court of Appeal, to learn more. 

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Civil Litigation, Probate Battles, and Video Surveillance

Uncategorized Apr 3, 2019
post about Civil Litigation, Probate Battles, and Video Surveillance

What does video surveillance have to do with civil litigation in Palm Beach? Why would a party in a Miami probate lawsuit want to video surveil someone? How can video surveillance help me in my Orlando probate lawsuit? What is video surveillance? When is it used in Florida civil lawsuits? Can video surveillance help me win my inheritance case? Ask your probate litigation attorney if video surveillance is appropriate for your particular probate matter. Can you use it at trial? Do you want to use it at trial? Will it substantially help your case?

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Adoption and Florida Inheritances

Uncategorized Apr 2, 2019
post about Adoption and Florida Inheritances

Does an adopted child inherit from the parents who adopted him or her? What inheritance rights do adopted children have? In Florida, can an adopted adult daughter or son be excluded from a trust that allows all children of a certain person to inherit? What should Florida probate lawyers know about adoption and inheritance rights? Does Florida inheritance law differentiate between people who are adopted  as a child vs. as an adult? A  June 19, 2013  Fourth DCA opinion, Dennis v. Kline discusses this issue. 

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Florida Estate Litigation:Third Parties & Duress

Uncategorized Apr 2, 2019
post about Florida Estate Litigation:Third Parties & Duress

What is duress? When can it be a defense in your estate matter? What should probate lawyers know about duress? Is duress applicable in your Florida trust lawsuit? If you are considering duress as a defense in your Florida case, or if you simply wish to learn more about duress, you should read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

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Reformation to Correct Mistakes in Florida Trusts: What Does Florida Statute 736.0415 Say?

Uncategorized Apr 2, 2019
post about Reformation to Correct Mistakes in Florida Trusts: What Does Florida Statute 736.0415 Say?

What is required for proper execution of an Orlando trust? Was your dad’s Orlando trust executed despite an error in drafting? Was a required signature to make a Florida trust valid forgotten? Do you know what remedies the Orlando probate court might have under such circumstances? You may want to look at the court’s powers of reformation. Specifically, you should read Florida Statute 736.0415.

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