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Florida Litigation: Can a Minor be Deposed if the Minor is a Material Witness in the Matter?

Uncategorized Dec 12, 2018
post about Florida Litigation: Can a Minor be Deposed if the Minor is a Material Witness in the Matter?

An April 19, 2017 Second DCA opinion discusses depositions and deposing a minor in Florida. Here, an eight year old child was in a car accident with his mother. He was the only witness as to the circumstances in his mother’s car at the time of the crash, including the force of impact and whether she was wearing a seat belt. Benvenuto filed a protective order to avoid having her son deposed. The trial court granted it. However, the Second DCA quashed the order.

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Florida Guardianships: Guardianship Lawsuits and Interested Persons

Uncategorized Dec 11, 2018
post about Florida Guardianships: Guardianship Lawsuits and Interested Persons

Pursuant to Florida guardianship law, who is an interested person? Can I participate in a Florida guardianship proceeding for my spouse, mom, dad, or aunt? Can I participate in a guardianship proceeding of just anyone? Who has the ability to go into a probate court West Palm Beach and have a say in someone’s guardianship proceeding?  What do Palm Beach courts consider to be frivolous claims? Anyone who is involved in a guardianship matter in Florida should read St. Pete v. Osorio-Khor.

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Florida Appeals and Non-Final Orders

Uncategorized Dec 11, 2018
post about Florida Appeals and Non-Final Orders

Can you appeal a non-final order? What is a non-final order? What type of West Palm Beach order do you wish to appeal? What should your probate lawyer know about appeals?  Have you hired an experienced appellate attorney? Do you believe that a particular order is not appealable?  You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu. 

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Will Contests in Florida: How do you Object to a Florida Will?

Uncategorized Dec 11, 2018
post about Will Contests in Florida: How do you Object to a Florida Will?

Do you know how to file an objection to a Florida will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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Appealable Orders & Florida Probate

Uncategorized Dec 10, 2018
post about Appealable Orders & Florida Probate

Did you receive an unfavorable order in a Florida probate court? Do you know what an appeal is? Is the unfavorable order appealable? Should you consult with a Palm Beach appellate attorney?   Are you considering appealing? Do you know about the final order rule? You may want to read am October 3, 2018 Fourth DCA opinion Pigna v. Messianu. 

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Appealing a Motion to Approve a Settlement Agreement in Your West Palm Beach Probate Case

Uncategorized Dec 7, 2018
post about Appealing a Motion to Approve a Settlement Agreement in Your West Palm Beach Probate Case

Is a settlement agreement being presented to the probate court in your Florida inheritance case? Have your estate lawyers discussed a possible settlement agreement with you that you disagree with? What if the probate court approves a settlement agreement that you do not think is in the best interests of the interested persons? If a motion to approve a settlement agreement had been granted by the probate court, and you believe that it was wrongly granted, you may need to file an appeal.  If you are looking to interview an appellate attorney, feel free to call us at (561)514-0900 Ext. 101. You may also want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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West Palm Beach Estate Litigation: When Can a Trial Court Approve a Settlement Agreement?

Uncategorized Dec 6, 2018
post about West Palm Beach Estate Litigation: When Can a Trial Court Approve a Settlement Agreement?

Are you involved in a probate lawsuit? Has your probate lawyer asked you to consider a settlement agreement? What if a Florida estate owes a creditor a lot of money? Can a settlement agreement be approved between a Florida estate and a creditor? What if you are the beneficiary of an estate and you disagree with a settlement agreement between the estate and a creditor? Can you appeal a motion to approve a settlement agreement? What does a trial court consider when approving a motion for approval of a settlement agreement? If you are involved in a trust or estate lawsuit in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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Florida Probate Litigation: Settlement Agreements

Uncategorized Dec 6, 2018
post about Florida Probate Litigation: Settlement Agreements

Probate lawyers know that, many times, the parties in an estate lawsuit decide to settle, rather than go to trial. When can a trial court grant a motion to approve a settlement agreement? Can an interested person in a Florida estate lawsuit appeal an order granting a motion to approve a settlement agreement? Does the court need to consider evidence before approving a motion for settlement? When should a settlement agreement NOT be approved? If you are involved in probate litigation in Florida, you may want to read a November 28, 2018 Third DCA opinion, Brenda Nestor v. Estate of Victor Posner. 

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Attorney’s Fees and Invalid Proposals for Settlements

Uncategorized Dec 4, 2018
post about Attorney’s Fees and Invalid Proposals for Settlements

What happens if you are seeking attorney’s fees under section under section 768.79 of the Florida Statutes but the  settlement offer was not valid. Is a general offer to settle both equitable and damage claims permitted? What if the proposal for settlement is unambiguous? What if the proposal for settlement was conditioned on something?  When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion,  Starboad Cruise Services, Inc. v. DePrince discusses this issue.  

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