1-561-514-0900 FREE CONSULTATION

Waiver of Arbitration Florida

In the News Aug 24, 2021
post about Waiver of Arbitration Florida

Faced with a motion to compel arbitration? On August 18, 2021, an appellate opinion was rendered dealing with waiver of arbitration in Florida. If you are involved in a lawsuit, and arbitration is discussed, you want to read this case. To read more FREE FLORIDA LEGAL COMMENTARY about arbitration in Florida, CLICK HERE. What? Many contracts from corporations have a mandatory arbitration clause. Arbitration is a private court with a private judge. No cameras no public access. No jury trial. Those clauses in contracts generally state that any disputes have to go arbitration. NOT state or federal court. There are different ways to handle an arbitration. Your contract can spell out those rules, or rely on rules and procedures from organizations like AAA or JAMS. While many people like the “private” nature of arbitration, experienced trial lawyers may provide greater insight. Advantages? I think that a real trial attorney would tell you that there are not a lot of cost or fee savings with an arbitration vs. a trial in a Florida court. State or federal. In court, you don’t pay the judge. In arbitration, you pay the arbitrator, anywhere from about $500- $800 an hour. Some contracts require you to have a panel of 3 arbitrators! Big arbitration bill for the arbitrators. And in Florida state court, seniors can try to get an expedited trial. So, is arbitration really faster and less expensive? If a lawsuit is filed, the defendant may try to force you to arbitration. Deciding if […]

READ MORE

Florida Civil Theft Law– everything you need to know

Our Firm Aug 22, 2021
post about Florida Civil Theft Law– everything you need to know

Did someone take your property? You may be able to seek TRIPLE (treble) damages, plus interest, plus attorneys fees. Here’s everything you need to know about Florida Civil Theft Law. For a brief free legal video on DAMAGES and calculating damages, click HERE. The Statute You MUST Read on Civil Theft ! Florida Statute 772.11 is the “begin and end” of Florida Civil Theft Law. Read it here for free by a simple CLICK. To be thorough, read the entire Chapter 772. It does not take long and you will learn a lot about this. Don’t have time? Read the bullet point highlights below. Everything You Need To Know in Plain English + Few Words This law only applies to one of the crimes on the list in 772.11 . Pre suit demand is a requirement You can’t receive punitive damages if you prevail So, your probate or trust litigator needs to analyze whether you want to try to get trebel damages or DON’T SUE FOR CIVIL THEFT but seek punitive damages. But………………….can you plead in the alternative? Attorneys fees and costs can go to the winner — including the DEFENDANT under certain circumstances Can you prove your case by CLEAR AND CONVINCING EVIDENCE? Can I Use This Law for POA or Florida Trust Cases? Can you use this law if your trustee is stealing from you? Yes ! To see a free trust video on trustees stealing, click HERE. The statute can definitely be used against Florida Trustees who […]

READ MORE

Civil Theft Florida

In the News Aug 22, 2021
post about Civil Theft Florida

Triple damages, interest and attorneys fees. There is a LOT at stake in a civil theft Florida lawsuit. Read more about this topic and an August 18, 2021 opinion from a Florida appeals court that discusses entitlement to attorneys fees. Why Civil Theft? Florida’s civil theft law permits a civil recovery of damages for certain crime victims. And also financial exploitation of the elderly. But be careful. There are only certain crimes that you can recover civil damages for. Read Chapter 812 of the Florida Statutes. Those statutes deal with theft, robbery and crimes. There is an entire set of laws on getting civil remedies or damages against someone who commits a crime against you. You can read the Civil Theft Statute for free by clicking HERE. Civil theft laws do have special rules. For example, you can only get damages in a civil lawsuit for certain crimes. Read 812.012- 812.037 and 825.103(1). For a free legal video on damages, and interest in Florida civil theft cases, CLICK HERE. Civil Theft Florida in Trust and Estate Cases Is it possible for a family member or beneficiary to sue a trustee or another wrongdoer for civil theft in an estate or trust? The answer is yes. Our appellate courts use the term defalcation when describing a trustee who improperly takes trust property. And estate executors in Florida probates have the same duties as a Florida trustee. But, experienced probate litigators caution, have your eyes wide open. “Proving civil theft is not […]

READ MORE

Florida Fraud on the Court

Probate Information Aug 21, 2021
post about Florida Fraud on the Court

An August, 2021 appellate opinion tells you all about Florida fraud on the court. What do you need to know to prove your case? We have previously provided Florida legal commentary about probate fraud. For a free video on CIVIL THEFT, click HERE. Understanding This Legal Concept — lying and motions What is Florida fraud on the court? Well, let’s start with fraud. What is fraud in Florida? Think of fraud as a lie. A really bad mis-representation. Meant to deceive. In come contexts, like fiduciaries — like trustees— fraud can be constructive fraud. That’s when one has a duty to disclose or provide information, but they don’t. In Florida, there are many types of frauds and many rules. Fraud on the court, however, is a different type of fraud. If you believe that someone has lied to the court, to the judge, or to you, consider filing a proper motion. A motion has to have the specific lies or frauds and must list why the other side is lying. And what the court should do because of those lies. What do you need to know? Fraud on the Court in Florida On August 18, 2021, the 3rd District Court of Appeal released its opinion. Chess v. Sweeney This case dealt with Florida Fraud on the Court. For those who have been lied to in court, you may want to read this case. You may also want to file a motion and alert the judge to this. Below is a […]

READ MORE

Interpleader Attorney Florida

Our Attorneys Aug 18, 2021
post about Interpleader Attorney Florida

Did you just get notice of a federal court interpleader? If you are wondering why you have not received an annuity or life insurance proceeds, read on. You’ll learn all about what an interpleader attorney Florida does. And how you may inherit millions. We have previously written about federal court litigation. Notably, how probate matters don’t go to federal court. Now, learn how federal court may be the place to claim your inherited annuity or insurance money. And also consider recent state court Florida interpleader actions. What is Interpleader? Interpleader is a lawsuit or a court filing or “action.” It involves someone who has property belonging to another. That someone who is in possession of the property is referred to as a “stakeholder.” The stakeholder may have artwork, jewels, death proceeds or insurance proceeds from a life insurance policy. Or, simply annuity proceeds. Literally millions and millions of dollars are the subject of interpleader actions filed in Florida state courts. And also federal court in Florida. An experienced interpleader attorney Florida will have results from both state court and federal court. The purpose of such an action is to have the stakeholder properly deposit ( i.e. get rid of) the property in their hands. The those making claims for the annuity or life insurance can “fight” it out. And the court will decide who inherits the insurance or annuity. Interpleader Attorney Florida Generally speaking, the “plaintiff” to the action simply wants to deposit the property or money or funds and […]

READ MORE

Florida Administrator Ad Litem + Conflicts of Interest

In the News Aug 8, 2021
post about Florida Administrator Ad Litem + Conflicts of Interest

When should a Florida probate court appoint a Florida administrator ad litem? A recent Miami Dade Appeals Court case discusses this issue. If you are involved in a probate that involves conflicts of interest with the executor, read on. We have previously provided free, helpful FLORIDA PROBATE VIDEOS on similar topics, INCLUDING conflicts of interest in Estates. Estate Conflicts of Interest We all know that a personal representative runs the Florida estate. But what do you do if the personal representative has a conflict of interest? Generally a conflict of interest arises when the Florida Personal Representative’s duties to estate beneficiaries and family members conflicts with her own personal, or individual, interests. A common example is when the Personal Representative wants to buy an estate asset. She has a DUTY to get the best or highest price. But she, personally, may want to pay as little as possible. What do you do when there are MILLIONS in the estate? To read about an executor’s duties, click HERE. When that occurs, experienced probate litigation attorneys may ask the probate judge to appoint a Florida administrator ad litem. But what’s that role? Florida Administrator Ad Litem Role The Florida Probate Rules discuss the role of an estate administrator. It’s common to appoint one when there are conflicts of interest. Or, sometimes if you need a temporary person to run the estate. Additionally, one may be appropriate if there are “dueling” petitions for the appointment of a Personal Representative. After all, if everyone […]

READ MORE

Florida Power of Appointment

FAQs Jul 28, 2021
post about Florida Power of Appointment

A Florida Power of Appointment might mean that you inherit millions. Or not. Certain family members and heirs may be entitled to know about these odd “creatures” hidden in a Florida Trust Document. If you don’t inherit under a power of appointment, you may or may not have rights to find out WHY you did not inherit. One of the most frustrating things about them may be that your mom or dad has the right–the power!– to give you money or property. A January, 2021 case from Florida’s 1st District Court of Appeal discusses this legal topic. To learn more, read on. Where Can I Read More about Florida Power of Appointment? To read about Florida Power of Appointment, there are two places to start. First, start with Part 1 of Chapter 709 Florida Statues. Most people think of Chapter 709 as dealing with Powers of Attorney, like a durable power of attorney. That’s Part 2. Part 1 deals with Florida power of appointment. Second, did you know that someone with a power of appointment can bind other beneficiaries or even family members? Read a very specific part of the Florida Trust Code. Read 736.0302, Florida Statutes. This is super important. Why? Understanding the Basics A person who creates, or gives, or grants, a power of appointment is called the power creator. A power of appointment is the right, but not necessary an obligation, to give away property. To “appoint” certain property, or a property interest, to others. A person […]

READ MORE

Breach of Fiduciary Duty Florida

In the News Jul 28, 2021
post about Breach of Fiduciary Duty Florida

A January 2021 Florida appeals court opinion deals with breach of fiduciary duty Florida. If you are a beneficiary of an estate or trust, listen up. If your fiduciary is not behaving properly, you may be able to sue for breach of fiduciary duty. Against an estate executor or trustee. A January, 2021 case deals with breach in an important trust context. If a trustee’s bad acts are serious enough, they can be REMOVED as trustee. Knowing all your remedies as a beneficiary is key to your case. This can include getting your attorneys fees paid, SURCHARGING your trustee, making her account, getting her to return compensation and fees. But, beneficiaries be aware of very short STATUTES OF LIMITATIONS which may be only months-long. Breach of Duty by Trustees in Florida A trustee’s breach of their duties is serious business. First, trustees in Florida owe a lot of duties to their beneficiaries. Heck, read the Florida Trust Code to learn more about trustees and Florida trusts. A breach is like a broken promise. If damages are caused, the trustee can be liable for those damages, SURCHARGE and even your attorneys fees and costs. But you have to have STANDING to sue the trustee. You have to have some legal connection to the trust or the trust property. And before you run off and sue your trustee, consider this. If you lose, your trust share, or you, may have to pay the trustee’s attorneys fees. There are fee shifting laws in […]

READ MORE

Challenging a Trust Before Death

In the News Jul 26, 2021
post about Challenging a Trust Before Death

Can you object to a revocable trust before the trust creator dies? You are not supposed to under Florida law. There are two things every potential challenger MUST READ. If you are thinking of contesting a trust or challenging its validity, read on. We have previously provided Florida Trust Commentary on such things as trust validity, trust attacks and undue influence. Now, let’s focus on a September 9, 2020 4th DCA opinion. (for a link to FREE TRUST VIDEOS, click HERE) 2 Things You Must Read Before Attacking a Trust Challenging a trust before death? Not so fast !! So, let’s be clear. You can’t attack a revocable trust while the trust creator is alive. The person who creates the trust is called the “grantor” or “settlor.” The attorney who writes the trust, or who prepares the trust for the creator, is often referred to as the “drafting attorney.” The Florida Trust Code is the body of statutory law laying out trust laws. It is added to by precedent. Precedent are the written opinions of our appellate courts. Trial courts, and appellate courts, interpret the Florida Trust Code. Judges tell us what the law means and says. When trial judges make trust rulings, appellate court judges will tell us whether the trial judge was correct or not. When a trial judge is wrong, it is referred to as committing error. Now, read Florida Statute 736.0207. This statute is a provision in the Florida Trust Code. It says that you can’t […]

READ MORE

Guardianship Fees Florida — who can object?

In the News Jul 26, 2021
post about Guardianship Fees Florida — who can object?

Everyone has read about the Britnye Spears guardianship. In Florida, which has a healthy “golden years” population, guardianships are common. And so are the expenses. Who pays for the guardianship fees Florida. And how does a family member object? We have previously provided a number of Legal Videos on Florida Guardianship. Now let’s discuss a Florida Appeals court opinion from In Re: Guardianship of Martino. This 2nd District Court of Appeal opinion was handed down July 8, 2020. Florida Guardianship Law If you want to read about Florida guardianship law, consider reading Chapter 744, Florida Statutes. That’s the Florida Guardianship Code. It explains the intent of those laws. It also sets forth rights and obligations and procedures. A Florida guardianship starts with a court filed document. Typically, two of them. You file a Petition for Determination of Incapacity when you believe that someone is in need of assistance. When they can’t handle their own affairs. You also typically file a Petition for Appointment of Guardian. If the judge agrees with you that the “alleged incapacitated person” needs assistance, she will then turn to the issue of whether a guardian is needed. And who the guardian should be. Guardianship Fees Florida If a guardianship is created, pay attention. If you are involved in the guardianship, you will get a lot of information. The court appointed guardian is required to share information with you (if you are an “interested” person. That is, if you have “standing.” ) Read the Florida Guardianship Plan. […]

READ MORE