Who can open an estate in Florida? Who can begin the estate administration process? If my mom dies, can I open up a probate for her Palm Beach estate?

Should you have a court reporter present at your probate hearings? How can transcripts help me to win an appeal? What to appeal a trial court’s order but do not have transcripts of the trial court proceedings? Can I file a statement of evidence in lieu of a transcript? If you are involved in family, probate,or guardianship litigation in Florida , you may want to read a June 14,2017 Fourth DCA opinion, Hart v. Streitz.

In your Palm Beach inheritance lawsuit, are you seeing the documents you need to make your case? If you are in the middle of an inheritance dispute, are you getting to see the documents necessary to successfully argue your case? Have you seen important bank statements, bank records, medical reports, financial statements, and POA’s? Ask your probate litigation attorney if he or she is filing a request for production of documents to the other side or any party. While the Florida Probate Rules do apply, the Florida Rules of Civil Procedure are very important here. There’s a very specific rule, 1.350 of Florida’s Rules of Civil Procedure, about requesting and producing documents. You should know what your rights are, and how to get documents through the discovery phase of your inheritance lawsuit. Ask your probate attorney for more information or read the rule in its entirety below.

What is Florida Statute 768.79? What is permitted under this Florida Statute? What should Florida probate lawyers know about attorney’s fees and appeals? When are appellate attorney’s fees awarded to party? 

What is a “slayer statute”? What does Florida’s slayer statute say? When does the slayer statute apply? What should West Palm Beach probate litigators know about the slayer statute? How can the slayer statute affect someone’s inheritance? If you murder someone, can you still inherit from him or her in Florida? Does your Orlando probate matter involve Florida’s slayer statute? If you are involved in a probate matter where the decedent was murdered, you should definitely read and understand Florida’s slayer statute. A West Palm Beach inheritance lawyer can help you to understand this statute if you need assistance. To interview a West Palm Beach probate attorney, free of charge, call (561) 514-0900 Ext.101.

Who may be subject to a guardianship in Florida? What do I do if a family member files for guardianship of me? What happens if I am deemed incapacitated by a West Palm Beach guardianship court? When should I hire a Florida guardianship lawyer? What if I don’t like the court appointed attorney? As an alleged incapacitated person, can I hire my own lawyer? What is Florida Statute 744.331?

If I am appointed as the executor or personal representative of a Florida will, when do I have to begin work? What if I don’t want to be the personal representative of a Palm Beach estate? Do I have a duty, as nominated personal representative of a Florida estate, to prevent harm caused by the estate? Am I the official personal representative if I have not yet been appointed by a Florida probate court? A February 21, 2017 First District Court of Appeal opinion discusses this issue and a Milton, Florida estate.

If you believe that a probate court in Palm Beach County is not doing something that you need them to do, you may want to consider a writ of mandamus. What is a writ of mandamus according to Florida law? Probate litigators know that you may be able to file a petition for write of mandamus with the appellate court. You should consult with an experienced probate lawyer who can help you decide whether or not you should ask for this type of relief.

A January 4, 2017 Fourth District Court of Appeal opinion, Reid v. Guardianship of Margaret Reid, shows us just how important it is to have a court reporter present at important hearings and trials. Why is this important? West Palm Beach appellate attorneys know that having a court reporter present is important  because, if you choose to appeal, a transcript can be essential. Judges in the Fourth District Court of Appeal or other Florida courts need the transcript in order to know what went on in your guardianship or probate lawsuit in circuit court. Without a transcript, how can a judge know whether something was decided incorrectly or not?  Although some courts do record hearings, which can later be transcribed, it is always better to be safe than sorry. Request a court reporter!

Are you thinking about bringing an unjust enrichment claim? Do you know what the affirmative defenses to an unjust enrichment claim are? What is an unjust enrichment action?  What should Florida litigators know about unjust enrichment actions? Are there statutes of limitations that may bar an unjust enrichment claim? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.