Trusts can mean big money sometimes millions or more being looked   over by another, your trustee. But what happens when the money from your Palm Beach Trust fund go missing, and your lawyer was serving as trustee – does his actions as trustee amount to malpractice in his role as your attorney? A Port Washington, New York lawyer was suspended for over a year and was finally disbarred after over a million dollars went missing from a client’s trust. 

Are you involved in a Palm Beach probate where there is a wrongful death lawsuit Florida? Who inherits the wrongful death proceeds Florida?  How does the wrongful death money get split in a Palm Beach estate or probate? Consider reading this March 25, 2015, Florida appeals court case from West Palm Beach’s 4th District Court of Appeal.

Trying to “fight” the Florida guardian’s lawyers on his or her attorneys fees for the Florida guardianship under the Florida Guardianship Code or what others simply refer to as the Florida Probate Code?  Do you know what is required for a successful fee hearing on probate attorneys fees in aPalm Beach Guardianship case?  Consider reading this March 31, 2015 Florida guardianship case on guardian lawyer fees which went to Florida’s appeals court, the 1st District Court of Appeal.

Are you trying to get attorneys fees from the other side of your commercial litigation lawsuit Palm Beach?  Or, perhaps you are defending a Boca Raton business or Florida Partnership in a breach of contract lawsuit and you were just offered to settle the case…… worried about not taking the settlement offer and then having to pay the other side’s attorneys fees after your business trial in West Palm Beach?  Consider reviewing the so called “offer of judgment” law on attorneys fees Florida from this recent, March 25, 2015, Florida 3rd District Court of Appeal legal malpractice case.

Involved in probate litigation West Palm Beach or maybe a contract dispute in Boca Raton?   Well, if you are trying to get your attorneys fees Palm Beach paid in your Florida lawsuit, you may want to read avery recent Palm Beach appellate court opinion on who the “prevailing party” is when there is a prevailing party attorneys fee provision in a Florida contract and there are multiple claims.

Thinking about jurisdiction over your Boca Raton business litigation lawsuit? Or, has your commercial litigation lawsuit West Palm Beach been dragging on for years and you are wondering when it is going to end?  Consider reading this new Florida appeals court case, out of the 3rd District Court of Appeal which deals with a Florida motion for rehearing, a writ of prohibition, jurisdiction, and no appeal after an order of dismissal.  Is this a must read for any business litigator Delray Beach?

Do you know what you have to prove in Florida Probate Court when  contesting your fathers will in Palm Beach Probate Court? What will the court consider as evidence and what is considered an acceptable level of influence for your siblings to exercise if it effects your will?

After a will is admitted to probate you may want to challenge it, but are your words taken over the words of the will? Who does the court have to believe? What happens when your uncles caretaker is exerting undue influence can you and all of your cousins testify to prove it and undue the fraud? Are you sure that will be enough evidence for the Court? Hear what was not enough in this recent case out of Illinois’ Third District in Melleny v. Estate of Bobbins. 

Everyone makes mistakes but when it comes to probate documents these  can be expensive and troubling, after all often a mistake leaves money to someone, do you think they are going to admit it was a mistake? Who does a Palm Beach Probate Court believe in such a dispute? More importantly can the losing party recover from the attorney that messed up through a claim in Florida forlegal malpractice?

Property can be held in trust without a formal charter of trust or other trust documents. Lets say that your grandfather from Boca Raton gave you an heirloom but your parents held on it for you, the court may hold that it was “held in trust” and hold your parents to the duty of a trustee which means they owe you a fiduciary duty. How can you show the Court that your precious property was “held in trust” without the formal trust documents you so desperately want?