In Florida probate lawsuits, when can a claim for unjust enrichment be brought? What is a claim for unjust enrichment? Are these claims common in Florida civil litigation or West Palm Beach probate law? In probate court, can a claim for unjust enrichment be based on an express contract?
Are you involved in an inheritance conflict, will contest or petition to provoke probate in a Florida probate court? If so, you may have heard about undue influence. Undue influence is a term that a lot of people have heard of, but don’t know a lot about it. West Palm Beach trust and estates lawyers know that a will may be void in a Palm Beach probate action if the will was obtained through undue influence.
Pankauski Hauser limits its practice to trust and probate litigation, and civil appeals, throughout Florida. Are you questioning whether or not a certain Florida estate is being probated? What can you do to find out what’s going on with your mom or dad’s estate? Are you unsure as to whether a decedent’s Palm Beach estate is being administered ? What if the decedent owned you money and you’re a creditor? What if you’re an interested person or family member who is supposed to receive an inheritance and no one is telling you what’s going on?
What is contempt of the court? If you ignore a probate judge’s court order, can you be held in contempt of the court? What happens if you are held in contempt of the court? Has your Florida probate attorney explained to you the role contempt orders play in enforcing the West Palm Beach probate judge’s orders?
Do you believe that you are a victim of probate fraud in Florida? Many heirs and family members ponder that question. Often, they question last minute changes to an estate plan. Florida probate fraud may also exist if a fiduciary intentionally hides information. What should probate litigators in West Palm Beach know about probate fraud? If your dad’s girlfriend convinces your dad to disinherit you, your dad’s only child, from his will and leave everything to her, this could be probate fraud. When something like this happens, there are usually allegations of undue influence regarding a Florida will/trust,codicil to a will, or trust amendment/ restatement of trust. Trust and estates lawyers know that undue influence is a type of fraud. Here is a FREE VIDEO on undue influence & probate fraud. What is undue influence? Undue influence is a common allegation to try to set aside a will or trust, and is often described as over-persuasion, force, or coercion. If someone was forced to sign a deed, or “give over” a bank account, those acts may be set aside if they were the product of undue influence. In addition, a will, codicil, or trust can be thrown out if the testator or creator was unduly influenced to create them or change them. If you think you are a victim of probate fraud, what should you do? You should consult with a Palm Beach probate litigation lawyer who can file a petition in a Florida probate, or a lawsuit regarding a trust, bank account, lifetime gift, or inter […]
In Florida, can you get sanctions against the other side for a frivolous lawsuit? What is a frivolous lawsuit in Florida probate litigation? What should my probate law firm know about frivolous lawsuits? What is Florida Statute, section 57.105? West Palm Beach wills lawyers know that this statute may be able to get you attorney’s fees.
In a Florida trust lawsuit, can reformation of the trust occur when amendments to the trust were not validly executed? NO! Kelly v. Lindenau, a March 17, 2017 Second DCA opinion, discusses this issue.
Estate litigators know that the most recent valid will of a decedent is the will that is used in the probate process in Florida. What if two wills are discovered during the probate process and then AFTER the estate has been completely administered, a third will is found? Can a beneficiary still offer the third will to the probate court? When is it too late to petition to revoke the probate of an earlier will? What should Florida lawyers know about discovering later wills? You may want to read Florida Statute 733.208.
What is an injunction? Trust and estates attorneys know that you have to prove four things to get a valid injunction in Florida. What are those four things? What should your Florida probate lawyer or family lawyer know about injunctions? What must a party seeking a temporary injunction establish? If your civil litigation case involves a temporary injunction, you may want to read a November 14, 2018 Fourth DCA opinion, Olson v. Olson. Olson v. Olson This was an appeal regarding a temporary injunction that prevented the former husband from being able to access his assets. These assets included an impending inheritance. Did the former wife provide the necessary evidence required to show that a temporary injunction should be granted? Should the temporary injunction be reversed by the appellate court? What did the 4th DCA say? Click here to read the entire case and find out! If you are in need of an experienced Florida litigator, call (561)514-0900 Ext.101 for a free consultation.
A November 14, 2018 Fourth DCA opinion, Olson v. Olson, is a family law opinion dealing with a Florida temporary injunction. Although this is not a Florida trust and estates case, Olson v. Olson reminds us of important rules regarding temporary injunctions in Florida litigation.