When should you file a guardianship action in Florida? Is your elderly mom or dad being taken advantage of by his or her POA? What can you do to stop a bad POA from stealing from the person he or she is supposed to be assisting? Do you think that someone may be financially exploiting, or stealing money from, your elderly relative? You may wish to read a March 6,2019 Fourth DCA opinion, Johnson v. Florida.
Guardianship litigation is important stuff ! One of the hot topics is marriage or divorce of a person who may have been alleged to be incapacitated. Can you get a divorce if there is a guardianship action? Can you get married if you are incapacitated? If you are incapacitated, can a marriage that was just performed be annulled or declared void ab initio? These are some of the marriage issues which Palm Beach guardianship lawyers may face from time to time.
A probate court in Florida may, at any time, and on its own initiative, sanction a party or a Florida estate lawyer for bad faith conduct. There are rules for when a court sanctions a trustee or Florida executor or lawyer.
In probate litigation cases in Florida, there are sometimes disputes regarding attorneys fees. Do you need a West Palm Beach lawyer who is experienced with trials regarding attorneys fees? Who is entitled to attorneys fees in a Florida litigation case? What do Palm Beach attorney fee hearings entail? Can you challenge an order determining entitlement to an amount of attorneys fees and costs. You may wish to read a recent attorney fee case from the Fourth DCA, In Corominas v. Ajay Development Group, LLC.
Can a Ward get married? Can the court take away a Ward’s right to marry? Can a Ward’s right to marry be “subject to court approval”? What happens if a Ward marries without getting permission from the court? What is Florida Statute, Section 744.3215?
When is an offer of judgment invalid? Is a general offer to settle both equitable and damage claims permitted under section 769.79 of the Florida Statutes? When does section 768.79 apply? A November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc., discusses this issue.
Have you hired a West Palm Beach lawyer to file an unjust enrichment claim for you? What is your unjust enrichment claim based on? Did you know that a four year statute of limitations applies to certain types of unjust enrichment claims? If you are pleading an unjust enrichment claim without referencing any written instrument, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
What do wrongful death cases have to do with Florida probate lawsuits? Are you involved in a Florida estate matter that involves a wrongful death case? What are the elements of damages in wrongful death cases in Florida? What is Florida Statute 768.73? What should your estate lawyer know about wrongful death in Florida? If you are involved in a Florida probate matter that involves wrongful death, you may want to read a Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin.
What does it mean to hire a law firm on a contingency? If you hire a law firm on a contingency basis, you are agreeing to pay the law firm their attorneys fees when the case is resolved, instead of hourly while the case is being litigated. Trust and estates lawyers know that contingency fee agreements are entered into very frequently. However, what happens if you hire a law firm on a contingency basis, decide to discharge that law firm halfway through the case, and then hire a new law firm. Now, there are two law firms that have done work on your case but have not yet been paid. Is the first law firm that you discharged prior to the case being resolved still entitled to attorneys fees? You should read a recent Fourth DCA opinion, Corominas v. Ajay Development Group LLC.
Can an opposing party be awarded attorneys fees if you act in bad faith? Why should your probate litigation lawyer be experienced with attorney fee trials? How can you prove that a law firm acted in bad faith? When is a Florida law firm entitled to attorneys fees? A recent Fourth DCA opinion, Corominas v. Ajay Development Group LLC, discusses these issues.