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Florida Probate Litigation and Jurisdiction

Uncategorized Aug 25, 2016
post about Florida Probate Litigation and Jurisdiction

Personal jurisdiction is an important factor in most probate litigation cases. This is because estate lawyers must comply with due process, whether they are litigating a will contest or a guardianship matter. When do Florida courts have jurisdiction over non residents? Can a personal representative of a Florida estate sue a non Florida resident and make the non Florida resident come to Florida probate court? Probate litigators should read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

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Florida Statute 736.0202: Can I Get Sued in Florida Simply Because a Florida Trust Pays me a Monthly Check?

Uncategorized Aug 24, 2016

Under Florida Statute 736.0202, where can you sue a Florida trustee? Does the statute allow me to sue a Florida trustee who lives in New York or Massachusetts? What is a long-arm statute? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate lawyer, or someone looking to sue a beneficiary of a Palm Beach trust who lives in another state, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

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How Do I File an Estate Claim in a Florida Probate?

Uncategorized Aug 24, 2016
post about How Do I File an Estate Claim in a Florida Probate?

If you are owed money from a person in Florida who is now deceased, you may want to talk to a Florida probate attorney about how you get paid?  Why? Well, you are a creditor to the Florida probate.  That means that you may have only between 30 days to 2  years to file your claim depending on any number of circumstances.  But don’t wait. Call an estate lawyer now because the statutes and rules for claims of creditors or statements of claims for creditors of a Florida probate are so intricate, you need to get your arms around them right now.

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Florida Estate Litigation and Testamentary Capacity

Uncategorized Aug 24, 2016
post about Florida Estate Litigation and Testamentary Capacity

Did your mom and dad know what they were doing when they signed their Florida will? Is your grandma’s will invalid because she had Alzheimer’s or Dementia when she signed it? Is an amendment that a ninety year old woman made invalid because she is elderly? What is testamentary capacity? When is testamentary capacity required in Florida? Is it malpractice if an estate attorney West Pam Beach helps an incompetent client amend their Florida estate plan? Can a probate trial attorney Delray Beach help me prove that my dad or mom lacked testamentary capacity when they left me out of their will? A recent Pennsylvania case discusses testamentary capacity in great detail.

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Trust Litigation, Jurisdiction, and Constitutionality

Uncategorized Aug 23, 2016
post about Trust Litigation, Jurisdiction, and Constitutionality

In regards to trust litigation, when can I get sued in Florida? Can I get sued in Florida simply because a Florida trust pays me a monthly check? What is a long-arm statute? Just because something is a law, does that mean it is constitutional? When can jurisdictional issues arise in Palm Beach probate litigation? If you are a probate litigator, you may want to read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.

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What Do Florida Probate Litigators Need to Know About Attorney’s Fees in Probate Court?

Uncategorized Aug 23, 2016
post about What Do Florida Probate Litigators Need to Know About Attorney’s Fees in Probate Court?

Florida probate lawyer fees can get expensive; did you know that you may be able to get them thrust to the other side? What parts of Florida probate litigation are subject to attorney’s fees statutes? To learn more about this interesting topic you may want to check out this recent case out of the Third District Court of Appeal for Miami. What does all of this have to do with estate litigation in Florida?

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Who is Entitled to Be the Executor or Personal Representative of a Florida Estate?

Uncategorized Aug 23, 2016
post about Who is Entitled to Be the Executor or Personal Representative of a Florida Estate?

Are YOU entitled to be the personal representative of a Florida estate? What is the difference between an executor and a personal representative? Who is entitled to preference to administer a Florida estate? What Florida law gives that entitlement? Trust and Estates litigators know that, when involved in probate litigation or an inheritance dispute, familiarity with Florida Statute 733.301 is usually very important.

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Contesting a Will in Florida:90 Day Statute of Limitation

Uncategorized Aug 23, 2016
post about Contesting a Will in Florida:90 Day Statute of Limitation

Do you know what a statute of limitations is? Florida Courts, including the probate Courts in West Palm Beach do not reward you for sitting on your rights. Therefore,you have to act quickly to secure your rights. Usually a statute will give someone years to act, but did you know that, if you plan to contest a will, you may have as little as three months (90 days) to file an action in probate court?

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