Are you involved in a Palm Beach probate lawsuit? If so, can you get your probate attorneys fees paid for , and if so, by whom? The other side? The Palm Beach estate? Maybe a Palm Beach trust? A recent case from the Palm Beach appeals court is a must read for any beneficiary or Palm Beach trustee. You need to know WHEN you can file a motion for attorneys fee and when the Florida Probate Rules apply. If you are involved in a Palm Beach probate, or estate lawsuit, heads up.
What exactly is a fiduciary in the Florida world of trusts, estates and wills ? Well, the definition should be easy enough, but let’s consider what a fiduciary is for prudent investing and investment of $$ for another, like a Palm Beach estate or a Boca Raton trust. Palm Beach Guardians, listen up: this means you , too. Yes, the Florida Probate Code & the Florida law of investing coincide. Ask your Palm Beach probate lawyer.
Lots of Palm Beach estate beneficiaries inherit life insurance and many estate planning attorneys from Boca Raton to Jupiter, Florida advise that life insurance may be 1 part of your estate plan. Many clients have the life insurance held in a life insurance trust, which is different than a Florida revocable trust. Here are some things to consider about life insurance, life insurance Florida trusts and things beneficiaries of life insurance trusts may want to know.
In Palm Beach probate litigation, many probate lawyers from Palm Beach Gardens to Ft. Lauderdale know that getting attorneys fees is an IMPORTANT & VALUABLE sub-issue. In other words, while you are probating the Palm Beach estate, or involved in a will contest, don’t just focus on the undue influence, or joint bank accounts: don’t forget the probate attorneys fees. Attorneys fees in probate cases can be sizable. And someone is going to pay. That’s because of the fee shifting statutes found in the Florida Probate Code & the Florida Trust Code. A recent case (not a probate case) reminds Palm Beach heirs & beneficiaries about important aspects of fee hearings. If you are involved in a Palm Beach probate, or an inheritance lawsuit, you may want to read this.
Palm Beach is not the only place for high dollar probate litigation. Where else can a daughter sue a mother over $800,000 in gifts and a family trust and a promised gift for a house. Massachusetts …. Sort of. This is a case where a daughter and her husband sued her mom because they claim mom was supposed to make a gift of $800,000 to them. This trust lawsuit was in federal court in Massachusetts and was dismissed. Family members and heirs at law in Palm Beach may want to read this recent case signed April 9, 2014.
What if you are involved in a Palm Beach probate administration but there are other probates being filed in other states or counties? What if there is are multiple inheritance lawsuits filed over joint bank accounts, Palm Beach trustees, or related Palm Beach estate issues? Do you have to engage in probate litigation in every estate lawsuit all at the same time?
Palm Beach estate litigation firms and their beneficiary and executor clients know that probate litigation combines a lot of “stuff.” Probate litigators from Palm Beach Gardens to Boca Raton use evidence & Florida probate law to apply it to very fact-specific will challenges & inheritance lawsuits. You need credible evidence, or what the Palm Beach probate courts call “substantial competent evidence.” So, can a computer-generated report get admitted into evidence at a Palm Beach estate lawsuit trial? Isn’t it hearsay and inadmissible?
Probate litigators in Palm Beach know that there are many privileges under the Florida Evidence Code which prevent the disclosure of information. We are talking about the other side to a Probate Lawsuit trying to get your personal documents and information—either from you or from your service providers. Can an heir or a party to a Palm Beach estate case get your therapist’s notes from your counseling sessions?
A recent Florida appeals case involving business partners stands for the legal proposition that a right to an accounting is not necessarily a breach of fiduciary duty. Palm Beach beneficiaries of estates & trusts should listen up. You have rights under the Florida Trust Code, for Palm Beach Trusts, and you also have rights under the Florida Probate Code regarding Palm Beach estates. If you are not receiving the information you want about an inheritance or your trust or a Palm Beach Probate, you can file an action for an accounting.
Everyone who has seen a television show or Hollywood movie about courtroom drama knows that there are rules of evidence. For Palm Beach estate litigation law firms, Chapter 90 of the Florida Statutes, the Florida Evidence Code, is the guiding light. You have to do the little things: like move the original document into evidence —not a copy. If you are involved in a Palm Beach or Ft. Lauderdale estate dispute, you might want to read this short legal opinion issued yesterday from the Palm Beach Appeals Court.