Can you amend a Florida probate or civil lawsuit? What should your guardianship litigation lawyer know about amending lawsuits in Florida? People frequently file lawsuits and complaints in the West Palm Beach probate and guardianship courts. Are you allowed to amend a complaint after it is already officially filed?
According to an April 26,2018 Rolling Stones article, the renowned Dj known as “Avicci” passed away. Who will inherit DJ Avicci’s millions of dollars in earnings? Did Aviici save his millions or spend it all? Who are his heirs? What does his estate plan, if he has one, say? Will his parents inherit? These are all questions that probate lawyers worldwide want to know.
On April 28, 2018, The Rolling Stones reported that Swedish DJ Tim Bergling, famously known as Avicci, had passed away. He was only 28 years old when he passed away unexpectedly from a suspected suicide. Did he have a will or a proper estate plan in place? Which probate litigation or estate law firm will handle the probate process for his estate? Who will inherit the millions of dollars that he earned as a renowned DJ?
An August 3, 2016 appeal out of the Fourth District Court of Appeal sheds some light on how to get sanctions against the other side for frivolous lawsuits. Have you heard of Florida Statute, section 57.105? This statute may be able to get you attorney’s fees in West Palm Beach probate. However, this case shows that it is not as easy as you may think.
A power of attorney( POA) can be a dangerous document if it gets into the wrong hands. Probate litigators in West Palm Beach know that people, unfortunately, abuse POAs and take your money. It happens more often than you could imagine. Our trust and estates litigation office receives many calls from prospective clients suggesting that a power of attorney document has been misused. This is why – just like guardianship litigation – power of attorney litigation is almost a sub-specialty of probate litigation. In case you didn’t know it already, people who claim to be your friends or relatives misuse powers of attorney. They use and abuse your power of attorney to sign deeds, to change your beneficiaries, to withdraw money from your bank accounts, to put their names on your financial accounts, and to take your money and property. In Florida, we refer to these actions as “financial exploitation” or “financial abuse.”
When are bonds required in Florida lawsuits? Are you looking to file a temporary injunction in your probate lawsuit in Orlando? What should your probate litigator know about temporary injunctions? You should read rule 1.610 of the Florida Rules of Civil Procedure before filing a temporary injunction in Florida.
What is res judicata? What is necessary for it to be applicable? Is a final order required? What should appellate lawyers know about this doctrine? A recent Second DCA opinion, Bryan v. Fernald, discusses this doctrine.
Have you found yourself stuck in a crazy probate battle filled with emotion and lies? Is the other side bringing up false claims or lying under oath? Could they be found in contempt of the court? What can you do to stop them? If someone lies under oath or fails to follow a court order, they could be found in contempt of the court. In addition, their entire claim could be at risk for getting dismissed!
Can an estate in Florida be a party to litigation? NO! According to a recent Second DCA case, Spradley v. Spradley, an estate is not an entity that can be a party to a Palm Beach lawsuit. So then how do I file a claim against someone’s estate? Who do I sue? How is my Florida probate attorney going to file a lawsuit against my mother’s estate if I am not able to sue it?
Disqualification of a West Palm Beach trust lawyer is not very common in a Florida estate, probate or Florida trust case. However, trust and estate lawyers in West Palm Beach know that it is possible. How does a West Palm Beach attorney avoid being disqualified by a probate court? How can a lawyer be disqualified in a Florida probate or guardianship case? You may want to read a recent Third DCA opinion, Lopez v. Flores.