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Florida Estate Litigation:Third Parties & Duress

Uncategorized Apr 2, 2019
post about Florida Estate Litigation:Third Parties & Duress

What is duress? When can it be a defense in your estate matter? What should probate lawyers know about duress? Is duress applicable in your Florida trust lawsuit? If you are considering duress as a defense in your Florida case, or if you simply wish to learn more about duress, you should read a Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. 

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Reformation to Correct Mistakes in Florida Trusts: What Does Florida Statute 736.0415 Say?

Uncategorized Apr 2, 2019
post about Reformation to Correct Mistakes in Florida Trusts: What Does Florida Statute 736.0415 Say?

What is required for proper execution of an Orlando trust? Was your dad’s Orlando trust executed despite an error in drafting? Was a required signature to make a Florida trust valid forgotten? Do you know what remedies the Orlando probate court might have under such circumstances? You may want to look at the court’s powers of reformation. Specifically, you should read Florida Statute 736.0415.

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Inheriting Your Parent’s Orlando Residence

Uncategorized Apr 1, 2019
post about Inheriting Your Parent’s Orlando Residence

Did your mother or father die in Florida with a house, or a homestead? If you live out of state, not in Florida, you’re probably wondering how you inherit your father or mother’s house. Inheriting your parents residence, what they call Florida homestead, is an interesting issue in the law.

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How do I Give Notice to a Creditor if the Creditor is Unknown? Florida Probate Rule 5.241

Uncategorized Apr 1, 2019
post about How do I Give Notice to a Creditor if the Creditor is Unknown? Florida Probate Rule 5.241

What are creditors in Florida probate litigation? When do you need to provide notice to creditors? How do you give notice to creditors in the Florida probate process? Why do I need to know about creditors if I am the personal representative of a Palm Beach estate?  Creditor claims and disputes are almost always present in the probate process of a decedent’s estate.

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When is Duress a Defense in a Florida Probate Lawsuit?

Uncategorized Mar 28, 2019
post about When is Duress a Defense in a Florida Probate Lawsuit?

Was a person forced to sign an estate planning document that they did not wish to sign? Did your evil sister or brother threaten your mom to change her POA? If you feel that a signature on a will, POA, or any estate planning document was forced, you may be able to argue duress. However, West Palm Beach probate lawyers know that there are certain factors that must be established in order to prove duress. A Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor, defines duress and explains those factors. 

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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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