If you are a beneficiary of a Florida trust and about to receive your inheritance,   you may be wondering what all the paperwork is that the trustee’s law firm is sending to you.  After all, you just want  your check for your inheritance, right?  Well, the Florida Trust Code is loaded with rights that beneficiaries have to a host of issues related to trusts, the trustee and trust administration. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736ContentsIndex.html&StatuteYear=2015&Title=%2D%3E2015%2D%3EChapter%20736.  Let’s talk about one right of a trustee: to be discharged or released from liability for serving as trustee.  Ask any trust lawyer in Florida and they will tell you that this issue is one that is often mis-understand and not, often, well explained.

Many beneficiaries or family members who are disinherited or cut out of an  a Florida estate or estate plan may want to know if they have any recourse? Can you file an objection to the will if you were wrongly cut out of a will inheritance?  Do you have any risk if object to provide or file to overturn the will?

Did Governor Rick Scott veto the much debated family law bill that was recently presented to him? How will his decision affect Florida divorce attorneys? Will his decision affect trust and estate litigators? Why did he decide what he did? Did he make the right decision?

What are digital assets? What happens to them when you die? Can you gain access to your deceased mother’s social media accounts? Can the personal representative of your boyfriend’s Florida estate gain access to your boyfriend’s email accounts? When I die, does Florida probate law protect my email and social media accounts? Are my email accounts and social media accounts part of my estate? Senate Bill 494 is finally able to provide some answers.

When I die, who gets to read my emails? What Florida laws govern this? Can you gain access to your deceased mother’s social media accounts? What if my deceased husband and my accounts were in his name only and I forgot the password? Will the personal representative of my Florida estate be able to access my online banking accounts? When I die, does Florida probate law protect my email and social media accounts?

Florida’s 4th District Court of Appeal issued a very important Florida attorneys fees opinion.  IIt involved the so called Offer of Judgment rule. You should read MYD Marine Distributor, Inc. v. International Paint Ltd..  It held that Florida’s offer of judgment statute, 768.79, may be limitedly available or applicable in cases where monetary, and non-monetary, damages are both sought.

What if you could sue a Florida estate to overturn the will without any risk?   What if you were cut out of a Florida estate plan, and then someone dies, and you believe the will that was changed is void.  Can you sue to object to probate in Florida without paying attorneys fees if you lose?  Well, dis-inherited beneficiaries of probates & estates, as well as probate litigation law firms who defend wills and estates, should read, and re-read the Anderson v. McDonough case from Florida’s 2nd District Court of Appeal, issued April 8, 2016.  Here is a link to read this entire Florida probate appeals court opinion on attorneys fees in will contest lawsuits and Florida Probate Code 733.106: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/April/April%2008,%202016/2D14-2605.pdf  I could see some family members, or probate lawyers, saying: I don’t have anything to lose by filing a probate lawsuit (except costs.)

If I become the trustee of a Florida trust, will I get paid? Can I take compensation or a salary from a trust if I’m the trustee? Do Florida trustees bill hours like probate lawyers West Palm Beach? If fees are contested, what method does the Florida probate court use to assess them?

Selecting the right people to handle your Florida probate matters is critical.Trust and estate administration can take a lot of time and dedication.In addition, enabling someone to have access to your Florida estate and assets is serious. If the wrong people gain control over your money and property, your estate could quickly be diminished.

What is the offer of judgment statute? What does it do? Does the offer of  judgment statute apply if both damages and equitable relief are sought? With help from a skilled probate litigator West Palm Beach, you may be able to use this statute to get attorney’s fees and costs.Check out this April 13,2016 Fourth DCA case that awarded attorney’s fees under the offer of judgment statute, “despite the presence of a claim for non monetary relief.”