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.
Wrongful Death Actions and Florida Probate Litigation
- Frequently, Florida probate attorneys Delray Beach are asked by personal injury attorneys to participate in wrongful death cases.
- This is because it is necessary to file a wrongful death action in the name of the personal representative of the decedent’s estate, and in the name of the Florida estate.
- In addition, you have to open up a probate.
- The division of any settlement monies, judgements, or monetary damages are supposed to be divided up among the heirs or survivors, in accordance with the wrongful death statute.
- This can often be done in the probate court.
The Florida Bar v. Boyles
- This was a disciplinary ruling issued by the Florida Supreme Court,regarding a probate lawyer West Palm Beach and what he did wrong to get suspended.
- The Florida Supreme Court approved an uncontested report of a referee, who had been assigned to investigate Mr. Boyles.
- This case shows how wrongful death cases and probate frequently collide, or at least overlap.
- What did the defendant or respondent here do to get suspended?
- Here, this Florida estate attorney went to the Department of Motor Vehicles and requested information about auto accidents that involved a fatality.
- After he received that information, he filed Petitions for Administrations in various counties to open up a probate, or to begin a Florida estate administration proceeding.
- In twelve matters, he requested to be the Personal Representative of the estate.
- In addition, he alleged he was an interested person under the Florida Probate Code.
- In fifteen matters, he evidentially filed wrongful death lawsuits.
- He had no communication, or very little communication, with the “decedent’s survivors and no authority from them prior to filing these matters.”Want to know more about Florida probate litigation? Consider these free resources:
- 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