Here is an important update for Florida probate lawyers and others who may be involved in Palm Beach Probates in the Delray Beach Probate Court.
- In the Delray Beach probate court, there are three divisions.
- Division IX is assigned to Judge David French
- Judge French’s probate division is permitting a “summer” dress code: this means that probate lawyers do not have to wear a suit coat or a blazer during the summer. Ties and shirts are of course required.
- His Honor made this announcement from the bench on Tuesday, June 17, 2014. (I was appearing in the probate court that day for three guardianship matters).
Settlement Agreements Require Notary Clauses
- Increasingly, notary clauses are being required by Palm Beach probate judges when documents waiving rights are presented to the probate court .
- This is understandable since many times, the persons (e.g. Palm Beach estate beneficiary) whose rights are affected may not be in the courtroom when a waiver or settlement agreement is presented.
- Division IX has some new requirements for settlement agreements which may be presented to the Probate Court :
- The ex parte probate clerk should review everything (and approve it) before it comes before the probate court (Division IX) — including a motion to approve a probate settlement agreement and a proposed agreed order.
- Signature pages for probate settlement agreements should have notary clauses
The Delray Beach probate court is located in the Delray Beach courthouse at 200 West Atlantic Avenue, in Delray Beach, Florida.