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Florida Probate Lawyer Suspended by Florida Supreme Court From Practicing Law

Uncategorized Apr 28, 2016
post about Florida Probate Lawyer Suspended by Florida Supreme Court From Practicing Law

On March 24, 2016, the Florida Supreme Court issued a two page judgement, signed by the clerk, which accepted an uncontested report of a referee and suspended a local, Palm Beach lawyer from practicing law for a year. What this Florida probate attorney do to be subject to this disciplinary sanction by the Florida Supreme Court? If you are a probate litigator in Florida ,or are considering hiring a trust and estates attorney West Palm Beach, you may want to read about this case.

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Interpreting a Florida Will or Trust May Not Be as Easy as You Think- April 27, 2016 Fourth DCA Opinion

Uncategorized Apr 28, 2016
post about Interpreting a Florida Will or Trust May Not Be as Easy as You Think- April 27, 2016 Fourth DCA Opinion

What happens if two people interpret a Florida trust differently? What if the language in a marital agreement or Florida will is unclear? How do the Florida probate courts determine what the true meaning of a provision should be? An April 27,2016 Fourth DCA case , Turk v.Turk,  demonstrates just how easy it is for people to read the same document but interpret it differently.

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Florida Probate Litigation and the Right to See What’s in Your Cell Phone

Uncategorized Apr 27, 2016
post about Florida Probate Litigation and the Right to See What’s in Your Cell Phone

Can someone read your text messages just because you are involved in a Florida estate lawsuit? Can they search through your iPad pictures? How does the probate court in Florida decide whether searching through your digital assets is necessary? What happens if a probate judge orders a cell phone to be searched? If you are involved in trust and estate litigation, and someone is trying to conduct discovery of your laptop or cell phone, you will want to read this.

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Obtaining Interest in a Florida Probate When There is a Contract or Promissory Note- March 30, 2016 Fourth DCA Opinion

Uncategorized Apr 26, 2016
post about Obtaining Interest in a Florida Probate When There is a Contract or Promissory Note- March 30, 2016 Fourth DCA Opinion

If you have a creditor that you represent in a Florida probate lawsuit, or if you are involved in promissory note litigation in Florida, you will want to read the Fourth DCA’s recent opinion in Oreal v. Kwartin.This was an appeal of a ruling of equitable setoff, in the context of a creditor filing a statement of claim on a promissory note that it had with the decedent.Can you obtain an equitable setoff against the contract’s clear language of a 12% default rate? Check out what the Fourth DCA, had to say about this issue.

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The Renunciation Rule in Florida Trust Lawsuits

Uncategorized Apr 26, 2016
post about The Renunciation Rule in Florida Trust Lawsuits

Are you a beneficiary who receives an inheritance under a Florida trust? Are you suing to get relief by overturning or voiding a trust, trust amendment, or statement of trust? If so, you should continue reading to learn about a procedural rule that we have in Florida known as the Renunciation Rule.

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Can You Obtain a Temporary Restraining Order in a Trust Lawsuit in Florida? January 6, 2016 Second DCA Opinion

Uncategorized Apr 25, 2016
post about Can You Obtain a Temporary Restraining Order in a Trust Lawsuit in Florida? January 6, 2016 Second DCA Opinion

Do temporary restraining orders exist in Florida probate litigation? Under what circumstances will a probate judge West Palm Beach grant a temporary restraining order? If you are in the middle of a trust lawsuit, you may want to read a January 6, 2016 Second District Court of Appeal case that deals with a Florida trust and a temporary restraining order.

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