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Florida Wills : Who Can Write a Valid Palm Beach Will?

Uncategorized May 7, 2019
post about Florida Wills : Who Can Write a Valid Palm Beach Will?

Are you thinking of writing a Florida will? Who’s allowed to write a will in Florida? Can you write a Palm Beach will if you are only 15 years old? What can an estate planning attorney assist you with? What should you know before executing an Orlando will or trust? Did you know that you must be of ” sound mind” to execute a valid will in Florida? You may want to read Florida Statute 732.501. 

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When is an Original Document, Not a Copy, Required in a Florida Lawsuit?

Uncategorized May 3, 2019
post about When is an Original Document, Not a Copy, Required in a Florida Lawsuit?

Is a duplicate document admissible to the same extent as an original in a Florida lawsuit? What is a negotiable instrument? What should Florida probate lawyers know about promissory note disputes? What happens if an original promissory note is lost? If you are asking these questions, or involved in West Palm Beach litigation involving a promissory note, you may want to read a recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, Florida News Channel did not submit the original note in question, and had failed to allege a lost note claim, or reestablish the lost note. Yet, the trial court entered judgment for Florida’s News Channel. On appeal, the appellate court explains that,” under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible to the same extent as an original, but not if the document is a negotiable instrument…” In this case, the promissory note in question IS a negotiable instrument. To read more about promissory notes, negotiable instruments, and whether or not an original document is required, click here to read MBC Gospel Network, LLC v. Florida’s News Channel,LC in its entirety.

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Florida Lawsuits and Promissory Notes

Uncategorized May 3, 2019
post about Florida Lawsuits and Promissory Notes

What is a promissory note? When do you need to produce the original note in court? Is a copy of a promissory note sufficient or do you need the original? What does Florida Statute 673.3091 require? If you are involved in a Florida lawsuit involving a promissory note, you may want to read an April 22,2019 First DCA opinion MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, one of the issues on appeal is ” whether the trial court erred by granting judgment without requiring Florida’s News Channel to demonstrate its entitlement to enforce the note by producing the original promissory note or reestablishing it as a lost note.” What did the First DCA decide? Was a copy of the promissory note good enough or were they required to submit the original? To read the entire opinion, click here.

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How Do Florida Courts Determine Whether a Party is Indispensable?

Uncategorized May 3, 2019
post about How Do Florida Courts Determine Whether a Party is Indispensable?

Did you know that your Florida lawsuit could be dismissed for failure to join an indispensable party? Therefore, it is important to know what an indispensable party is and who qualifies as one. A recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC, involves the issue of whether a case should have been dismissed for failure to join indispensable parties. This opinion explains what an indispensable party is and what question is asked to determine whether or not a party is indispensable. To read the entire case and learn more about indispensable parties in Florida lawsuits, click here. To interview a trial lawyer, free of charge, call (561)514-0900 ext.101.

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What Should Your Florida Trial Lawyer Know About Indispensable Parties?

Uncategorized May 3, 2019
post about What Should Your Florida Trial Lawyer Know About Indispensable Parties?

What is an indispensable party? Why should your Florida trial lawyer be familiar with this term and the rules regarding it? Can my Florida lawsuit be dismissed for failure to join indispensable parties? Who is an indispensable party to my Florida lawsuit? If you are wondering whether or not someone is an indispensable party, you may want to read an April 22,2019 First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Here, the Florida appellate court defines what an indispensable party is. It explains that ” an indispensable party is one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party’s interest or the interests of another party in the action.” The appellate court also explains that, when determining whether a party is indispensable, ” the relevant question is not whether the action may proceed efficiently without the missing party, but whether the action can proceed at all.” To read the entire opinion, click here.

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When Can a Florida Lawsuit be Dismissed for Failure to Join Indispensable Parties?

Uncategorized May 3, 2019
post about When Can a Florida Lawsuit be Dismissed for Failure to Join Indispensable Parties?

What is an indispensable party in a Florida probate or business lawsuit? How does the Florida Supreme Court define an indispensable party? How do Florida probate courts and civil courts determine whether a party is indispensable or not? If you have questions about indispensable parties in Florida, you may want to read an April 22,2019 First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC. Although this is not a Florida probate opinion, probate trial lawyers encounter lawsuits involving indispensable parties. In this Florida appeal, one of the issues raised by the Appellants is “whether the trial court erred by failing to dismiss the case for failure to join indispensable parties.” The appellate court goes on to explain that ” The Florida Supreme Court has defined an indispensable party as ‘one whose interest in the controversy makes it impossible to completely adjudicate the matter without affecting either that party’s interest or the interests of another party in the action.” Do you still have questions about indispensable parties and Florida lawsuits? To read the entire opinion, click here. For a free consultation with a Florida trial lawyer, call (561)514-0900 ext.101.

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Undue Influence and Probate Litigation

Uncategorized May 1, 2019
post about Undue Influence and Probate Litigation

Cases involving undue influence can be difficult, and they require assistance from a skilled probate litigator or trust and estates lawyer.Florida probate litigators rely on circumstantial evidence when litigating a case involving undue influence.Why is circumstantial evidence relied on? Because the person who would be the key witness in the case is deceased! What are the factors that should be considered to prove undue influence? What proves that a beneficiary actively procured the will that is being contested?

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The Inequitable Conduct Doctrine and Florida Probate Cases

Uncategorized May 1, 2019
post about The Inequitable Conduct Doctrine and Florida Probate Cases

According to Florida law, what is the inequitable conduct doctrine? What does this doctrine have to do with a Florida probate case? What does the inequitable conduct doctrine have to do with attorneys fees in Florida? If you are a Florida litigation lawyer or trust attorney, why should you make sure that you are familiar with this doctrine? You may wish to read a March 13, 2019 Fourth DCA opinion, Corominas v. Ajay Development Group, LLC. 

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If I am a Surviving Spouse in Orlando, What do I Inherit?

Uncategorized May 1, 2019
post about If I am a Surviving Spouse in Orlando, What do I Inherit?

What estate property is considered when calculating a surviving spouses’ elective share? As a surviving spouse, do I get my deceased spouse’s entire Florida estate? What should my Palm Beach probate litigator know about my elective share inheritance? Elective share in Florida, unless it’s waived, is an inviolate right. It doesn’t matter what is in your deceased spouse’s Florida will. Therefore, if you are a surviving spouse, don’t sleep on your inheritance rights!  You need to read Florida Statute 732.2035. You should also interview an experienced probate litigation firm like Pankauski Hauser who can help you to understand the complicated Florida laws better.

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