How can you win your case without spending money on a full-blown trial? Go for Florida summary judgment! Everyone knows that litigation in Florida is expensive. When you can win without a trial, that saves clients lots of money and lots of time. But you have to do it the right way.
FLORIDA LAW ON ATTORNEYS FEES Florida litigation can be costly. After all, there’s legal work to be performed by lawyers, trial lawyers, paralegals, and investigators, who handle preparation for hearings strategy, discovery, document gathering, interviewing witnesses , and attendance at trial. Florida follows the “American rule“.
INHERITANCE LAWSUIT IN FLORIDA Brother suing brother and sister in a Florida estate litigation case. Of course ! Florida probate litigation is a growth field. The Boston College Ctr. of wealth and philanthropy estimates that $41 trillion – – trillion , not billions – – is, right now, and for the next 20 years, passing from the WWII generation to the Baby Boomers, Gen X and Gen Y. Today, people are more apt to hire a Florida attorney , question what your mom or dad put in their Florida will or trust, sue a family member, and begin an inheritance war. It seems as if every day, brother sues sister, stepdaughter sues stepmom, beneficiaries sue a Florida executor or trustee.
FLORIDA FAMILIES In today’s society in Florida, families come in all shapes and sizes. We know that divorce and remarriage are common in Florida. Many Florida residents have stepchildren or stepparents. In some cases, a new spouse is much younger than the adult children from their new spouse’s prior relationship. A so-called Palm Beach marriage.
Two recent cases out of Miami look at the defendant’s legal ability, in Florida, to ask a Florida court to transport, or dismiss, a Florida lawsuit to another state which is more convenient. The legal doctrine of forum non conveniens may be invoked by a party under certain circumstances.
Spend Your Legal Dollars Wisely in Estate Disputes Family feuds are common in Palm Beach County, particularly when a Florida resident passes away. Brother suing sister, step mom versus stepdaughter, heirs versus the trustee, are, for good or for ill, commonplace in the world of the Palm Beach estate litigation and trust litigation throughout Florida.
In a recent Miami, Florida trust case, a Florida appeals court reversed a trial court which ordered a non-testifying expert to be deposed. Why does this matter? This is a case supporting a Florida trust beneficiary’s rights.
This is a recent Florida trust case involving a wealthy Florida man who got divorced from his spouse, and the former wife’s attempt to have her alimony paid from the wealthy man’s Florida trusts. This case deals specifically with whether a Florida court has personal jurisdiction over a Florida trustee and is a “sister” or companion case to a Florida appeals court opinion involving the same parties and issues.
Attorneys fees in Florida litigation and Florida trials often become an important part of the case. A party to a Florida lawsuit may only recover attorneys fees from the losing side if there is a contract or a specific Florida statute. This is an exception to the American rule which provides, generally, that each party to a lawsuit pays their own way.
A very recent Florida case, decided just weeks ago in Collier County, Florida, demonstrates the overlap of divorce law and Florida trust law. Specifically, the Florida trust issue which the Florida appeals court addressed was whether an ex-wife can get trust assets for alimony payments from a Florida trust when the husband is a trust beneficiary and has refused to pay alimony.