This Texas case, whose opinion was published just a few days ago, touches on two issues that are  very common for Palm Beach probate litigators     who are involved in estate litigation:  modifying  the  terms o f  a  trust    and settlement    agreements    for probate lawsuits which result from a mediation conference.  Most Florida probate courts, including the Palm Beach probate courts and the Ft. Lauderdale probate courts,   often require parties to a probate lawsuit to go to mediation.    Mediation is an attempt to resolve   issues involving inheritance fights, or probate litigation and estate lawsuits.

This recent Illinois case shows you that   Ponzi schemes   are still going on, even in a post Madoff era.  Trustees of family trusts    and    marital trusts    need to be cautious about where they invest trust funds and who they invest with.   Trustees or any individual investor who is considering investing money may want to read this trust lawsuit case involving fraud and ask yourself 2 questions:   1)   Was this prudent investing  on the part of the trustees of the family trust ?    2)    Shouldn’t I just    invest trust assets with a large trust company   ?

Where’s the money ?  That’s a question that a lot of   Palm Beach estate beneficiaries and trust beneficiaries from Boca Raton to Fort Lauderdale ask themselves, and the    trustees of family trusts,   and the personal representatives of  Florida estates. Did a   personal representative  of an   estate   steal oil & gas royalties,   sales $$$, which should have gone to a family trust ???   Or did the deceased person do that  ?

This is a case which has common facts of many Florida trust lawsuits.  A marital trust.  A second or third wife.  Children from a prior relationship.  A dead husband and father. A  trust which gives the   trust income   to the stepmother or widow, while the   children   from the prior relationship are the remainder trust beneficiaries.  Oil and water? Blood money? Trust litigation? Yes.

This California case shows you how  stepfathers    and    stepsons   can litigate over “stuff” that’s decades old. A 40 year marriage? Doesn’t matter ! What matters? The money !! Florida probate litigators and Palm Beach Estate Attorneys know that Florida homestead, and a Florida residence, and Florida  land, are very important to   estate planning    clients.Many times they  have sentimental and personal values, which may be greater than the financial worth of the property.  

This recent New Jersey case of    estate tax litigation   and probate litigation has facts that would make a great law school exam question.   No one likes probate litigation and paying taxes, let alone    estate taxes.   After all, the estate tax is a tax on all your assets at your death — after you paid income tax and, capital gains tax when you earned that money.   Good estate planning attorneys can save you estate taxes.   

Are you the beneficiary of someone’s Florida estate plan   ? If you are the beneficiary of someone’s Florida estate plan, you will want to read this recent Florida legal malpractice case that was handed down literally days ago.

This recent inheritance lawsuit — which has been going on for over 10 years ! —- issued a few days ago by a Michigan appeals court , involved 1) millions of dollars of an estate 2) MIS-use of estate funds 3) payments on a house in Martha’s Vineyard 4) removal   of a widow as PERSONAL REPRESENTATIVE of the estate 5)   surcharge   of the widow as personal representative and 6) which pitted the widow or surviving spouse against her late husband’s children from a prior relationship.

Are you involved in a probate lawsuit?   How are you going to prove the damages which you seek? Are you prepared?   Are your damage experts prepared  ?   A recent Palm Beach appellate case is a good lesson for those who may be new to Florida trials and certainly estate litigation. The Palm Beach appellate court which issues legal opinions on Palm Beach lawsuits, as well as Fort Lauderdale trials, issued an important opinion about   proving damages in a Florida lawsuit.  The fourth district court of appeal for Florida, which is in West Palm Beach, Florida, issued its opinion on damages yesterday.

Just yesterday, the Florida appellate court opinion for a Palm Beach probate case was handed down by the appeals court for Palm Beach County, Florida.    Although a brief opinion, it helps family members and beneficiaries involved in   Palm Beach estate litigation,   as well as Florida probate litigation in general, better understand when  you can try to have your   probate   litigators’ attorneys  fees  paid  for by the other side.