A recent Florida Supreme Court probate case demonstrates why writing your own will on a form may not make a lot of sense.  In Palm Beach probate circles, I’ve started to see more “do it yourself” wills or “internet” wills being used.  This is a strong case for paying a few bucks to go to a Palm Beach estate planning attorney to get a Florida will — and to get it done right.  In this case, a Florida will failed to distribute an inheritance received after the will was signed, which may have been un-intended.   For estate planning clients who want a simple will, this could happen to you…………

While Florida has been described as a “debtors haven”, that’s not necessarily a bad thing.  Palm Beach estate planning attorneys LOVE Florida’s laws protecting your property from others.  Most creditors can’t get your Florida Homestead, regardless of whether it’s a small condo in Jupiter, Florida or a mansion on the ocean in Boca Raton.  Florida law gives its residents a lot of protections to keep their property and not lose it in a Palm Beach lawsuit.  If you want to protect some of your property, ask a Palm Beach wills and trust lawyer to  help you. Until then, consider a very recent Florida Appeals case about how your annuities are protected.

Attorneys fees in a Palm Beach estate lawsuit can become an important part of your trial strategy.  After all, you don’t want your attorneys fees to approach the amount of  your damages, right?  Unless, you are confident that you have a chance to get the other side to pay your attorneys fees.  In the Florida Probate Code and the Florida Trust Code, many Palm Beach probate litigation law firms know that there are so called “fee shifting ” statutes which can permit a Probate Court to award attorneys fees & cost to the winning side.  Probate Court judges can also decrease someone’s inheritance by the amount of the winning side’s attorneys fees.  But this is about another fee shifting statute which is often referred to as the “offer of judgment” statute by Palm Beach trial lawyers.  If you are involved in Palm Beach probate litigation, you may want to read this case.

Everyone knows that the discovery process is permitted in Palm Beach estate litigation by the Florida Probate Rules and also the Florida Rules of Civil Procedure.  One of the great privileges or protections of Florida law for heirs and family members who are involved in a Palm Beach inheritance lawsuit is the attorney client privilege. You are not required to produce or disclose communications you have with your estate litigator: no matter how much the other side wants your information.  It’s confidential & privileged.   For those estate or trust beneficiaries involved in a probate lawsuit in Palm Beach Gardens or Delray Beach, you may want to read this March 28, 2014 opinion from Florida’s 5th District Court of Appeal.

“I’ll pay the mortgage for you.”  “I’ll leave an inheritance for you under the will.”  Do these sound like enforceable promises ?  They are not.  You generally can’t enforce a promise which Florida law requires to be in writing and which is not in writing.  An April 2, 2014 case from Duval County, Florida hits this legal issue head on.  If you are a Palm Beach estate beneficiary, family member or heir who got cut out of a will or trust, you may want to read this.  You DEFINITELY want to read it if you claim that you were promised an inheritance and it’s not in writing.

Let’s say that you are involved in a Palm Beach estate dispute or perhaps a Palm Beach probate.  Depositions are taken.  At trial, a party is testifying and says something completely different than what they testified to at their deposition.  Can your Palm Beach probate litigator use the prior deposition testimony of the party to IMPEACH that party now on the witness stand?  Of course.  Here is an April 4, 2014 Polk County, Florida case where the trial judge did not permit the use of deposition testimony to impeach and was reversed.

Watch out what you say –and agree to — in court, you Palm Beach estate beneficiaries. If you are involved in Palm Beach probate litigation or even a Palm Beach probate that doesn’t have an inheritance lawsuit yet, don’t think that just because “something isn’t in writing” means that an agreement is not enforceable.  This April 4, 2014 case from Florida’s 2nd District Court of Appeal stands for the proposition that ” a deal is a deal“–even when the agreement is oral & in open court.   This is a good case for those estate beneficiaries and family members and heirs at law who want to “Monday morning quarterback” or re-neg on what they previously agree to.  You can’t agree to a deal in a court on a Monday, and then deny it on a Tuesday.

When is a clause in a document which requires arbitration enforceable  ?   Sometimes, people use powers of attorney in Palm  Beach or Ft. Lauderdale to act for another when someone can’t.  Likewise, after one has passed, the estate of the deceased Palm Beach resident may need to file a lawsuit on behalf of the estate, which is filed in the name of the Palm Beach personal representative.  A contract which requires arbitration, and not appearing in a Palm Beach court, may be set aside or declared void if it’s against publicy policy. This may be true for Florida wills & trusts which require arbitration.    An April 2, 2014 Ft. Lauderdale case went to the appeals court for Broward County (and Palm Beach County) and the arbitration clause was held un-enforceable. 

If you are involved in a lawsuit in Broward County or Palm Beach County, you may want to read this April 16, 2014 opinion of the Palm Beach Appeals Court.  This case involved attorneys fees from a Ft. Lauderdale lawsuit:  a law firm claiming it was owed money and which won on “summary judgment” against 1 defendant but not against 2 others.  What is also important about this case is that the law firm’s clients had 15 days to object to any discrepancies in the bill for legal services.

How do you know if the Palm Beach estate attorney you chose is good or great?  It’s difficult, but choosing a professional or service provider always is: especially if you need a Palm Beach probate lawyer or if you are involved in Palm Beach probate disputes.  You may wish to see if the Palm Beach estate lawyer  you are thinking about hiring has been reviewed &  judged or rated by his or her peers.  Is your Palm Beach probate attorney a “top lawyer”?