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Florida Probate Litigation: What is Duress?

Uncategorized Mar 28, 2019
post about Florida Probate Litigation: What is Duress?

In Florida trust and estates litigation, what is duress? Did you know that duress is a grounds for revocation of a will? What factors must be proven to establish duress in your Florida estate matter? If you are interested in learning more about duress, you may want to read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

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How to Read a Florida Will

Uncategorized Mar 28, 2019
post about How to Read a Florida Will

How do you read a Florida will? What do people usually specify in their Florida will? Do I need a trust and estates lawyer? What should I do once I obtain a copy of my deceased dad’s estate documents?

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Florida Contracts and the Defense of Unconscionability

Uncategorized Mar 27, 2019
post about Florida Contracts and the Defense of Unconscionability

What is the defense of unconscionability? What is the difference between substantive unconscionability and procedural unconscionability? What should Florida probate lawyers know about unconscionability? When could this defense be raised in your Florida probate case or Palm Beach contract dispute? You may want to read a Florida Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. Although this is not a Florida probate matter, it is a Florida civil case that defines both procedural and substantive unconscionability. 

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Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Uncategorized Mar 25, 2019
post about Florida Probate Litigation: Do Ex-Spouses Have the Same Inheritance Rights as Surviving Spouses?

Did you know that divorce can substantially affect your Florida inheritance rights? What should West Palm Beach probate lawyers know about divorce and inheritance rights in Florida? If I divorce my husband, will I still inherit if I am listed as a beneficiary in his Florida will? What happens if my husband divorces me but forgets to take me out of his Orlando will?  What if I am a listed beneficiary in my ex-wife’s will that she executed during our marriage? If you are asking yourself about any of these questions, you may wish to read Florida Statute 732.507. 

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Wrongful Death Appeals and Damages

Uncategorized Mar 25, 2019
post about Wrongful Death Appeals and Damages

West Palm Beach lawyers know that wrongful death cases in Florida usually involve damages. What are compensatory damages? What are punitive damages? What Florida statute(s) should be applied to determine what damages should be awarded? If you are involved in wrongful death lawsuit in Florida, you may want to read a recent Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin. 

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Who Does the Personal Representative of a Florida Estate Need to Serve a Copy of the Notice of Administration to?

Uncategorized Mar 25, 2019
post about Who Does the Personal Representative of a Florida Estate Need to Serve a Copy of the Notice of Administration to?

Have you been named the personal representative in a Florida will? Have you been appointed the personal representative or executor of a Florida estate by a probate judge? What should you know about being a personal representative in Florida? Did you know that the personal representatives has duties that must be met? Do you know who you need to serve with the petition for administration? You should read Florida Probate Code section 733.212.

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Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Uncategorized Mar 25, 2019
post about Florida Probate Litigation: Can You Object to a Florida Will or Probate?

Do you know how to file an objection to a West Palm Beach trust or will? Do you know how to object to a probate? When do you file an objection to a Palm Beach estate proceeding? Did you get a notice or petition for administration? Do you know the difference between a notice for administration and a petition for administration? If you are involved in a Florida estate proceeding, or know about a Florida probate but have not received any notices, you should be aware that you have a limited window of time to get in there and exercise your rights! You should talk to a West Palm Beach litigation law firm or a probate litigator who handles these types of trials. To learn more about objecting to a Florida probate, you should read Florida Probate Code section 733.212.

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According to Florida Law, When Can the Right to Marry be Taken Away?

Uncategorized Mar 25, 2019
post about According to Florida Law, When Can the Right to Marry be Taken Away?

According to Florida law, when can the right to marry be taken away. If I am subject to a guardianship in Palm Beach, can I still get married? What should your guardianship lawyer know about the right to marry and guardianship litigation? What is Florida Statute, Section 744.3215? You may want to read, Smith v. Smith, a March 2, 2016 Fourth District Court of Appeal opinion.

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