Florida probate litigators know that the terms of a trust need to be clear. What happens when someone does not know if property belongs in a probate estate or in the revocable trust? Florida probate litigation often deals with unclear terms of poorly drafted Florida trusts. Want to see how? Check out this recent case out of the Court of Appeal for California.
Florida probate lawyers know that the residue of an estate may sound like it is just the leftovers. In a lot of ways, it is the leftovers. That being said Florida probate litigators know the residue is important and could be worth just as much as the rest of the estate. Check out this recent probate appeal out of Florida’s Second District Court of Appeal to see why residue matters.
One question any Florida probate lawyer gets asked a lot is “can I sell this?” Personal representatives in Florida want to get probate administration over with as soon as possible and so do Florida estate attorneys. Do you know the difference between personal and real property forprobate purposes? When can you sell one? When can you sell the other. Great question.
Florida probate lawyers know that probate litigation can get expensive. Why is cutting corners never worth it? You may want to check out this recent appeal from the Fifth District Court of Appeal to learn whythere are no shortcuts to estate litigation in Florida.
If you are about to win a case involving Florida probate litigation you do not want to celebrate prematurely. Now you need to get the judge’s order and get ready to collect the judgment. One part you can easily forget, that you are entitled to under Florida probate rules and law is pre and post judgment interest. Do you know what that is and how to calculate it? Check out this recentguardianship appeal from the Florida Second District Court of Appeal.
What do you plan on using your Florida inheritance for? There are a ton of options, ask any Florida probate litigator. You could buy some investment properties, maybe some stocks, make a retirement account or a college savings plan. Or, you could do like one woman did when she fought years for an inheritance only to moments later give away all $703,000 of it!
Florida probate lawyers know that in order to bring a will contest you have to be what probate courts call an interested party. What does that mean? It means that in Florida probate litigation you need to have standing to sue. Unsure if you have standing to sue? Check out this recent appeal from the Fourth District Court of Appeals.
Failure to follow the orders of the Florida probate court during probate litigation is going to lead to the imposition of sanctions. What can Florida probate lawyers do after the court imposes sanctions? Depending on the sanction itself you may be able to appeal. How can estate lawyers in Florida know whether or not the sanctions are too severe? Check out this recent case to learn more.
Florida probate lawyers know that probate litigation is not the only time their services are needed. Sometimes you need to open an estate to bring a lawsuit on behalf of the decedent against third parties such as employers. Can a surviving spouse file a lawsuit for discrimination after her husband already died? According to this recent appeal from the Fourth District Court of Appeal, the answer is yes.
Estate lawyers in Florida deal with issues outside of probate administration for a variety of reasons. Florida probate litigation can spill into various other areas depending on what the decedent was doing at that time. Check out this recent case out of the Fourth District Court of Appeals where the personal representative was battling over personal jurisdiction. What is personal jurisdiction and why does it matter in your Florida probate lawsuit?