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Third DCA Attorney’s Fee Appeal: No Attorney Fees in Equity, What Does that Mean for Probate ?

Uncategorized Dec 23, 2015
post about Third DCA Attorney’s Fee Appeal: No Attorney Fees in Equity, What Does that Mean for Probate ?

Florida trust lawyers know that part of Florida courts is the rule of equity.  That means that in Florida probate litigation the Court should partially focus on what is fair under the circumstances. Estate lawyers in Florida know though there are limits to what you can claim in equity but do you know what the limits are? This recent appeal from Miami shows that for one thing the probate court cannot award attorney fees in equity. 

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How Much Does a Probate Lawsuit Cost?

Uncategorized Dec 23, 2015
post about How Much Does a Probate Lawsuit Cost?

Probate lawsuits can get expensive in West Palm Beach but how do you  actually pay for it all? There are three forms of fee structures that you may want to discuss with your Palm Beach probate attorney before you sign the retainer. Do you know the specifics?

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Filing a Motion to Disqualify a Judge in a Florida Probate Matter: December 16, 2015 3rd DCA Miami Dade Appeal

Uncategorized Dec 22, 2015
post about Filing a Motion to Disqualify a Judge in a Florida Probate Matter: December 16, 2015 3rd DCA Miami Dade Appeal

It is, to say the least, an uncomfortable motion for a probate litigation law firm Florida to file. What I am speaking about? Why, it’s a motion to disqualify the probate court judge.  Some estate lawyers Palm Beach refer to it as a motion to recuse.  Sometimes, not all the time, you will see these motions filed in atrust lawsuit or even a Palm Beach probate administration.  Many times, you see one side in awill challenge Florida or will contest Boca Raton trying to get rid of the judge.   Why?  Well, if beneficiaries or heirs at law or step-sons, or step-daughters, are fighting mom or dad’ssecond spouse, or there is sibling rivalry, there is a lot on the legal line, right?   And, sometimes, not all the time, if one of those parties to a probate Florida loses a motion, or anevidentiary hearing, they feel, well, down.  And instead of focussing on the facts, or discovery, or trial strategy, or setting depositions, they improperly get mad at the probate judge.  Is this right? Is this what serious trial lawyers do? (No….)

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California Probate Appeal Centers Not Around $Money$ But About What to Put on the Guy’s Tombstone!

Uncategorized Dec 22, 2015
post about California Probate Appeal Centers Not Around $Money$ But About What to Put on the Guy’s Tombstone!

If I were to ask you what all Florida probate litigation has in common  you may answer with one word “money.” To be sure, very few Florida trust lawyers are working for free and few heirs are suing for something besides money. That being said it does happen. Check out this recent probate lawsuit where a brother and former spouse filed a probate lawsuit regarding who gets to decide what goes on the tombstone. 

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How does the Prudent Investor Rule Judge My West Palm Beach Trustee’s Investments?

Uncategorized Dec 22, 2015
post about How does the Prudent Investor Rule Judge My West Palm Beach Trustee’s Investments?

Are you currently serving as the trustee in Boynton Beach?  Florida trust lawyers know that your investments will be judged according to the prudent investor rule. How can you be sure that your investment decisions will not lead to Florida probate litigation? Check out this recent case out of Michigan to learn how to avoid trustee centered lawsuits in West Palm Beach. 

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What Happens When You “Plead the Fifth” in a Probate Lawsuit in Boynton Beach?

Uncategorized Dec 22, 2015
post about What Happens When You “Plead the Fifth” in a Probate Lawsuit in Boynton Beach?

Can you plead the fifth amendment during the course of Florida  probate litigation? Florida trust lawyers know that although you have a constitutional right to not incriminate yourself that does carry too far when it comes to a probate lawsuit in West Palm Beach. Want to learn more? Check out this recent case out of New Jersey to see what happens when you plead the fifth in probate court!

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Can You Appeal for Misconstruction of a Will in Delray Beach?

Uncategorized Dec 22, 2015
post about Can You Appeal for Misconstruction of a Will in Delray Beach?

West Palm Beach probate judges are people too. That means that  occasionally there will be an error that needs reviewed, that is what Florida probate litigation and appeals courts are all about. If you and your estate lawyer in Florida are positive that the probate judge has misconstrued the will then you may want to check out this recent probate appeal from Minnesota. 

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