Florida probate lawyers know that one way to invite Florida probate litigation is to execute the will improperly. Some States allow for unwitnessed or so called “holographic wills” but Florida is not one of them. Check out this recent probate appeal from Connecticut that dealt with a Pennsylvania woman’s holographic will. How would this all work if it happened in Florida probate court?
If you are thinking about suing your mom or dad’s estate, or personal representatives or Florida executors, then you may want to read this January 13, 2016 estate fraud lawsuit called Moriber v. Dreiling, No. 3D13-1904 & 3D13-175, out of Miami’s 3rd District Court of Appeal. Here is a copy of the appellate opinion on this estate litigation case: http://www.3dca.flcourts.org/Opinions/3D13-1904.pdf . Florida probate lawyers may want to read this opinion because this involved a civil suit and a motion for attorneys fees under Florida’s Offer of Judgment or proposal for settlement law, as well as a motion for summary judgment filed by the estate.
What can estate litigation lawyers in Florida learn, if anything, from Donald Trump, who seems to be ahead in the GOP Presidential polls? Love him or hate him, Trump is a phenomenon. Whether you are liberal or conservative, Tea Party or establishment, you must admit that Donald Trump has achieved a lot in his short political career. And, while we are at it, let’s also admit that there may be some things about the Donald that some, well, don’t exactly care for. But, there is no denying that he is at the top of the polls, is a political “first timer,” and he dominatespresidential debates, media coverage and dinner table conversation. And, some peopleabsolutely LOVE Donald Trump. So, there has to be something that Florida probate litigation attorneys can learn from Donald Trump, right? Consider…
Details matter in Florida probate litigation and often after the jury trial, Florida probate lawyers appeal the decision. Florida estate litigators should understand the difference between an appeal andcertiorari relief. Check out this recent case out of the Second District Court of Appeal to see why this is so important.
Did you just lose on summary judgment in Florida probate litigation? Florida estate attorneys know that summary judgment is only proper when there is no dispute of material facts. Do you know what that means? Can your Florida will contest lawyer appeal the summary judgment as improper? Check out this recent Florida appeal to learn more.
Are you the trustee of a revocable trust that is the subject of Florida probate litigation? Florida probate lawyers know that when the probate court wants to remove the the trustee they may be required to give the trustee notice of a hearing prior to issuing the order. Want to learn more? Check out this recent appeal from Florida’s Second District Court of Appeal.
All too often in Florida probate litigation a party loses one lawsuit and wants to bring another. Florida estate attorneys know that these clients should be wary of the doctrines of res judicata and estoppel. Do you know what that means? Check out this recent case out of the Fourth District Court of Appeal located in West Palm Beach to learn more.
Florida probate litigation may sometimes require testimony of people who are sick with a limited life expectancy. So how can you preserve the testimony for the estate litigation in Florida when time is of the essence? You may want to check out this recent probate appeal from Miami’s Third District Court of Appeal.
Sometimes Florida probate litigation is not in the probate court but in an arbitration tribunal. Estate litigation in Florida can sometimes transfer over to the American Arbitration Association or similar alternative dispute resolution forums. What is arbitration and more importantly can your Florida probate lawyer appeal an arbitration order from the Florida trust dispute? Check out this recent appeal from the Second District Court of Appeal to learn more.
Florida probate lawyers know that sometimes a lawsuit can go on past someone’s life. Now you need a Florida probate attorney and you need to substitute parties following the death of a plaintiff or defendant. Who will be substituted? Florida probate litigators know that the answer is most likely the Florida personal representative. Check out this recent case out of the Fifth District Court of Appeal in Florida.