What is required to properly execute a Florida will? What is Florida Statute 732.502? Do Florida wills need to be in writing? Do Florida wills need to be witnessed and signed? Do wills in Palm Beach need to be notarized? What is an electronic will? How would the Florida Electronic Wills Act affect the execution of wills? If electronic wills were approved in Florida, would West Palm Beach trust lawyers need to interpret Statute 732.502 differently?
What is an electronic will? Does Florida recognize them? How would electronic wills in Palm Beach affect Florida probate litigation? Why did Governor Scott veto House Bill 277?
Are you being held in contempt of the court in Florida? If you are found guilty of contempt, can you appeal? What happens if you disrespect a probate judge? Should West Palm Beach probate lawyers always follow court orders? If a Florida estate lawyer makes a mistake and forgets about a court ordered conference, what should they do? Rosenwater v. Deutsche Bank National Trust Company, a May 21,2017 Fourth DCA opinion, explains that the trial judge in this particular matter should have disqualified himself from a hearing. Although this is not a probate case, Probate lawyers or litigants could find themselves in the same situation if they do not take court orders seriously.
When the other side fails to follow a court order in a Florida trust lawsuit or will contest, you may be able to seek contempt proceedings. West Palm Beach estate lawyers need to know the ins and outs of these rules because they may not be as simple as they sound. Want to learn more? Check out this recent appeal from the Fourth District Court of Appeal (DCA).
Robert Hauser is a partner at Pankauski Hauser PLLC in West Palm Beach, Florida. He recently received recognition from The Florida Bar for his six years of service on Florida’s Appellate Practice Certification Committee.
Pankauski Hauser partner Robert Hauser recently received recognition from The Florida Bar for his six years of service on Florida’s Appellate Practice Certification Committee.
When can a seller back out of a contract to sell a Florida condo? And when does the seller have to use good faith and reasonably diligent efforts to help close a real estate sale that she doesn’t want?
On June 7, 2017, Florida’s 4th District Court of Appeal in West Palm Beach overturned a Broward County ruling awarding attorneys fees as sanctions under Florida law 57.105. Why? The statutory notice requirement was improper. Estimable v. Prophete ___ So. 3d ___ (Fla., 4th DCA, June 7, 2017.)
Probate litigation lawyers know that it can be very helpful to have a court reporter present at all hearings. This includes hearings that you may believe are “no big deal”. This makes sense since the cost is relatively small, and transcripts provide a solid record of what was said by whom, and what transpired throughout a lawsuit.
On June 6, 2017, Florida’s 1st District Court of Appeal issued its opinion in the legal malpractice case Riverwood Nursing Center, LLC v. Gilroy. You can read this opinion for free at the 1st DCA website. A link is also provided at the end of this Florida Legal Commentary. In this recent case of professional negligence, the Florida Appeals Court upheld a summary judgment order issued by the trial court, which, in essence, dismissed the legal malpractice lawsuit based upon the statute of limitations.