Florida Trustee Wins Appeal on Proceedings Supplementary: December 16, 2015 Miami Dade 3rd DCA

What happens the DAY AFTER your probate litigation lawyer Florida wins your estate lawsuit, or perhaps you are asking your trust lawyer Florida what to do after getting a victory.  A December 16, 2015 3rd District Court of Appeal opinion, No 3D15-591, Wells v. Sacks, deals with a revocable trust and a trustee and the issue of proceedings supplementary. Here is the opinion of this appeals court ruling:http://www.3dca.flcourts.org/Opinions/3D15-0591.pdf

Why are there so many Florida trust lawsuits?

• From Miami to Boca Raton to Jupiter Island, Florida estate plans are increasinglyusing revocable living trusts to leave property when you die
• You mean, there’s no need for a will? Well, not exaclty.
• There IS still need for a will, so that you don’t die intestate but you can re title assets in the name of your revocable trust Delray Beach so those assets might avoid probateand be managed by your chosen successor trustee
• You can ask your Florida trust lawyer about which assets are appropriate to place into your living trust
• Many estate attorneys Palm Beach don’t want you putting your residence or Homestead Florida into a revocable trust, but others do that
• Also, there may be some property, like bank accounts Boynton Beach which your estate planner actually advise you to hold in joint names or with a right of survivorship
• The increased use of Florida living trusts has lead some heirs and dis-inherited family members and even beneficiaries, to file trust contests or trust challenges and lawsuits
• Trust lawsuits can be just like probate litigation Florida

Why do Trustees Need to Know About Proceedings Supplementary?

• So, after you win your estate lawsuit or trust contest, what do you do?
• Well, you should get a judgment
• And your estate litigation law firm West Palm Beach should work to get that judgment satisfied
• Should you file the judgment in the county records?
• How do you get money, bank accounts or real estate to satisfy the judgment if the defendant claims they can’t pay you?
• If there is an appeal, get your board certified appellate attorney to handle the appeal issues
• How does a trustee or a personal representative of a Florida trust or estate or probateget a judgment satisfied?
• Well, if any part of the judgment is un-satisfied, you can read this case and the Florida statute about proceedings supplementary
• Here is the statute or law on proceedings supplementary: Florida Statute 55.29 regarding proceedings supplementary: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0056/Sections/0056.29.html