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 o
- 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