What is declaratory relief in Florida trust and estates litigation? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.
Declaratory Relief in Florida
- Do you know what a declaratory judgment action is and how to win in West Palm Beach?
- How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?
- What do you need to know about declaratory relief and why would a probate litigation attorney be talking about it?
- If you are involved in trust litigation Boca Raton, and you ask your trial attorneyabout declaratory relief, they’ll tell you that one of a lawsuit’s causes of actions is for a declaration of relief.
- A cause of action for declaratory relief accrues when the last element of the cause of action occurs.
B.B.S. v. Rodriguez-Murguia
- If you are involved in a Florida estate lawsuit, or inheritance lawsuit, and you are questioning whether you have a right to something in a will or trust, you should read thisappellate opinion that explains Florida Statute 86.011.
- Here, there was a petition filed regarding maternity(not paternity).
- Children in this case were petitioning that the person listed on their birth certificate was “a ficticious or nonexistent person.”
- This is an interesting case because, here, someone is trying to prove maternity , when usually people are trying to prove paternity.
- The Fourth DCA “determined that the trial court erred in failing to grant the Children relief pursuant to Chapter 86, Florida Statutes.
- To read the entire case and read what Section 86.011, Florida Statutes(2014) states,click here.
Want to know more about Florida probate litigation? Consider these free resources:
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- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml