In Florida probate court, can attorney’s fees be awarded against me if my claim has bad merit? How can I make sure that my claim is supported by material facts? When might I have to pay attorney’s fees for the other side?  

In Florida probate litigation, what are estate taxes? What are inheritance taxes? Does Florida even have estate or inheritance taxes?

Does Florida law apply when serving a corporation or someone who is in a different country? How do you serve them? If you are defending a personal representative of a Palm Beach estate, or maybe a beneficiary of a Florida probate lawyer, was the defendant served with process properly? What should my Florida trust and estates lawyer know about properly serving people outside of the Unites States? Consider reading this January 30,2015 case from Florida’s Second District Court of Appeal about an invalid service of process by a Florida party. Although this appeal about service of process is not a probate case, a lot can be learned from this commercial litigation.

In Florida probate litigation, what is a return of service required to list in order for service to be valid? Pursuant to Florida trust and estates laws, what must a return of service specifically indicate? Did you recently serve someone who is involved in your trust and estates lawsuit West Palm Beach? Were they properly served according to relevantFlorida Statutes? A February 5, 2015, Florida Supreme Court case discusses very important information that will prove beneficial to your estate lawyer’s process server and to anyone tasked with serving defendants.

Can a Florida probate court reduce the amount of interest owed when it is outlined in apromissory note? Do Florida probate statutes allow for judicial discretion in this type of case? Can a probate court use equity to remedy a situation they think is unfair? Check out what the Fourth District Court of Appeals had to say about this issue in a recent March 30,2016 case.

Ask any Florida trust lawyer and they will probably tell you that penalty clauses are invalid under Florida trust law. But what does that mean?  Can you contest a trust even when a trust says, in plain English, that if you challenge the trust that you receive no inheritance?  Ask your Florida probate litigation lawyer about Florida trust law 736.1108: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.1108.html

You may be able to transfer certain property outside of a will or  trust in Florida. Do you know how? Florida probate lawyers know there are special rules for these informal memorandums that allow for disposition of personal property. Do you know the rules? Check out this Washington probate appeal to learn more.

Are you a beneficiary of the family trust? Are you appraised of, everything that the trustee is doing with trust property (i.e. trust funds)? You may have grounds to seek an accounting but time is of the essence in Florida probate court. Do you know your rights?

Are you the personal representative of a Florida estate that is engaged in litigation against a nursing home? You may want to read this recent opinion about probate litigation and arbitration agreements that just came out of the Fifth District Court of Appeal. Can the estate be bound by an unfair arbitration agreement that caps liability for a nursing home in Florida?

Florida probate litigation can get expensive which is why estate lawyers in  Florida prefer to get the other side to pay the attorney fees and costs. Experienced Florida trust lawyers know that not every fee or cost should be sent to the other side, it depends on a set of rules. Do you know the rules? Check out this recent case out of the Third District Court of Appeal to learn more.