If you have a creditor that you represent in a Florida probate lawsuit, or if you are involved in promissory note litigation in Florida, you will want to read the Fourth DCA’s recent opinion in Oreal v. Kwartin.This was an appeal of a ruling of equitable setoff, in the context of a creditor filing a statement of claim on a promissory note that it had with the decedent.Can you obtain an equitable setoff against the contract’s clear language of a 12% default rate? Check out what the Fourth DCA, had to say about this issue.

Are you a beneficiary who receives an inheritance under a Florida trust? Are you suing to get relief by overturning or voiding a trust, trust amendment, or statement of trust? If so, you should continue reading to learn about a procedural rule that we have in Florida known as the Renunciation Rule.

Do temporary restraining orders exist in Florida probate litigation? Under what circumstances will a probate judge West Palm Beach grant a temporary restraining order? If you are in the middle of a trust lawsuit, you may want to read a January 6, 2016 Second District Court of Appeal case that deals with a Florida trust and a temporary restraining order.

Pankauski’s Probate Litigation Guide: Top 10 Probate Mistakes Revealed, attorney John Pankauski’s second book, dedicates a chapter to marital trusts. This book will be available in early 2017. What is a marital trust? What do probate litigation lawyers in Florida need to know about them? Are marital trusts necessary? When would a West Palm Beach estate planning lawyer suggest a marital trust?

What is insane delusion? What should probate litigators know about insane delusion? What happens when insane delusion is pled in Florida probate litigation? You may want to read a Fourth DCA opinion, Miami Rescue Mission v. Roberts.

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get 30% of my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? You need to read Florida Statute 732.2035.

Where there are inconsistent or contradictory statements alleged in a probate petition or a complaint, what can you do? What is the election of remedies doctrine? What is the purpose of it? What should my probate litigator know about the election of remedies doctrine? Bueno v. Workman, an opinion from the Fourth DCA, explains what you need to know about this topic.

What are affirmative defenses? Are affirmative defenses available in Florida probate litigation?  Why should every trust and estates lawyer be familiar with them? During litigation involving the probate process in Florida, affirmative defenses can prove to be a very useful trial tool.

In Florida, am I entitled to be the personal representative of an estate if I am the sole heir or beneficiary? Can I be personal representative if I was convicted of a felony? What if I was convicted of a misdemeanor? Under Florida probate law, what are the qualifications to become a personal representative?

Under Florida probate law, what is a guardian? What is a ward? Does a guardian have control over a Ward’s trust? Can a guardian compel the trustees of a Ward’s trust to make certain trust management decisions? What if the decisions are in the ward’s best interest? What does a guardian have control over? A February 26,2016 Florida Second DCA opinion reveals that guardians are restricted when it comes to some decisions regarding a ward’s trust.