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What is Florida Statute 57.105?

Uncategorized Apr 15, 2019
post about What is Florida Statute 57.105?

In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees.

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What Do I Do if I Discover a Later Florida Will?

Uncategorized Apr 15, 2019
post about What Do I Do if I Discover a Later Florida Will?

Estate litigators know that the most recent valid will of a decedent is the will that is used in the probate process in Florida. What if two wills are discovered during the probate process and then AFTER the estate has been completely administered, a third will is found? Can a beneficiary still offer the third will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should Florida lawyers know about discovering later wills? You may want to read Florida Statute 733.208.

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Florida Family and Probate Law: How Do You Appeal an Injunction

Uncategorized Apr 14, 2019
post about Florida Family and Probate Law: How Do You Appeal an Injunction

What is an injunction? Trust and estates attorneys know that you have to prove four things to get a valid injunction in Florida. What are those four things? What should your Florida probate lawyer or family lawyer know about injunctions? What must a party seeking a temporary injunction establish? If your civil litigation case involves a temporary injunction, you may want to read a November 14, 2018 Fourth DCA opinion, Olson v. Olson. Olson v. Olson  This was an appeal regarding a temporary injunction that prevented the former husband from being able to access his assets. These assets included an impending inheritance. Did the former wife provide the necessary evidence required to show that a temporary injunction should be granted? Should the temporary injunction be reversed by the appellate court? What did the 4th DCA say? Click here to read the entire case and find out!  If you are in need of an experienced Florida litigator, call (561)514-0900 Ext.101 for a free consultation.

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Florida Temporary Injunctions, Divorce, and Inheritances

Uncategorized Apr 14, 2019

Do you know what a temporary injunction is? When can you request an injunction in your Florida inheritance or divorce lawsuit? Did you know that an injunction can sometimes be used to stop a trustee from acting without Court permission? Are you entitled to an injunction from the probate court in West Palm Beach? You may want to read a recent Fourth DCA opinion, Olson v. Olson.

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Temporary Injunctions and Florida Inheritances

Uncategorized Apr 14, 2019
post about Temporary Injunctions and Florida Inheritances

A November 14, 2018  Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of  important rules regarding temporary injunctions in Florida litigation.

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Florida Probate Litigation: Unjust Enrichment Claims

Uncategorized Apr 14, 2019
post about Florida Probate Litigation: Unjust Enrichment Claims

What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.  

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Orlando Guardianships & the Right to Marry

Uncategorized Apr 14, 2019

If someone is the subject of a guardianship in Orlando, can they get married? Can a Ward get married? Is the right to marry taken away if you are deemed incompetent by a probate court?  Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?

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Attorneys Fees, Interested Persons, and Guardianship Litigation

Uncategorized Apr 11, 2019
post about Attorneys Fees, Interested Persons, and Guardianship Litigation

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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