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Learning From Prince’s Estate: 5 Reasons to Have a Simple Will

Uncategorized May 4, 2016
post about Learning From Prince’s Estate: 5 Reasons to Have a Simple Will

How can I avoid the problems that Prince’s estate is facing? Why should I bother having aFlorida will or trust? Isn’t it expensive to hire a Florida probate attorneyto draft a will or trust for me? Everyone knows that Prince died unexpectedly and without a will. Therefore, intestacy laws will govern who inherits his estate. As we are learning from Prince’s estate, and as probate litigators West Palm Beach can tell you, dying without a will or trust may not be the best idea.

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What if I am Asked to Testify at a Florida Guardianship or Competency Trial?

Uncategorized May 3, 2016
post about What if I am Asked to Testify at a Florida Guardianship or Competency Trial?

Are you dealing with a Florida guardianship case involving the deficient mental capacity of a person making or changing a Florida will? What if you are asked to testify in a Florida Guardianship trial? How do you prepare? Sumner Redstone, former chairman of CBS and Viacom, is in the middle of a mental competency suit and, according to an article dated May 2,2016, he will be required to testify. 

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In a Florida Probate Lawsuit, How Do You Properly Serve Someone that is Not in the United States?

Uncategorized May 2, 2016
post about In a Florida Probate Lawsuit, How Do You Properly Serve Someone that is Not in the United States?

Does Florida law apply when serving a corporation or someone who is in a different country? How do you serve them? If you are defending a personal representative of a Palm Beach estate, or maybe a beneficiary of a Florida probate lawyer, was the defendant served with process properly? What should my Florida trust and estates lawyer know about properly serving people outside of the Unites States? Consider reading this January 30,2015 case from Florida’s Second District Court of Appeal about an invalid service of process by a Florida party. Although this appeal about service of process is not a probate case, a lot can be learned from this commercial litigation.

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In Florida Trust and Estates Litigation, What Constitutes a Valid Return of Service?

Uncategorized May 2, 2016
post about In Florida Trust and Estates Litigation, What Constitutes a Valid Return of Service?

In Florida probate litigation, what is a return of service required to list in order for service to be valid? Pursuant to Florida trust and estates laws, what must a return of service specifically indicate? Did you recently serve someone who is involved in your trust and estates lawsuit West Palm Beach? Were they properly served according to relevantFlorida Statutes? A February 5, 2015, Florida Supreme Court case discusses very important information that will prove beneficial to your estate lawyer’s process server and to anyone tasked with serving defendants.

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In Florida Probate Litigation, Is a Personal Representative of an Estate Required to Pay Interest in Accordance With a Promissory Note?

Uncategorized May 2, 2016
post about In Florida Probate Litigation, Is a Personal Representative of an Estate Required to Pay Interest in Accordance With a Promissory Note?

Can a Florida probate court reduce the amount of interest owed when it is outlined in apromissory note? Do Florida probate statutes allow for judicial discretion in this type of case? Can a probate court use equity to remedy a situation they think is unfair? Check out what the Fourth District Court of Appeals had to say about this issue in a recent March 30,2016 case.

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Can I object to a Florida trust if there is a penalty clause?

Uncategorized May 1, 2016
post about Can I object to a Florida trust if there is a penalty clause?

Ask any Florida trust lawyer and they will probably tell you that penalty clauses are invalid under Florida trust law. But what does that mean?  Can you contest a trust even when a trust says, in plain English, that if you challenge the trust that you receive no inheritance?  Ask your Florida probate litigation lawyer about Florida trust law 736.1108: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.1108.html

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