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Right to Privacy in Florida Trust and Estates Litigation

Uncategorized Aug 26, 2016
post about Right to Privacy in Florida Trust and Estates Litigation

In Florida probate litigation, do I have a right to privacy? Do I have a right to privacy after I die? Can Florida executors of wills and trustees assert a right to privacy privilege in Florida probate courts?

Right to Privacy in Florida Trust and Estates Lawsuits

  • Florida’s Constitution clearly recognizes a right to individual privacy.
  • This right to privacy is very relevant to Florida trust and estates cases.
  • How so?
  •  In probate litigation, trust attorneys Boca Raton frequently encounter financial discovery.
  • Financial discovery can be necessary in some Florida will contest and undue influence cases.
  • During probate litigation, do I have to reveal how much money I have?
  • How much money did the deceased have?
  • Where was money spent?
  • A Third DCA case , Rousso v. Hannon, demonstrates the importance of knowing whether a privilege applies in Florida probate litigation, or whether you can obtain private financial records.
  • Probate lawyers West Palm Beach know that having this knowledge can be an extremely useful trial strategy in trust and estates litigation.
  • Another recent case regarding a person’s right to privacy involves celebrity Hulk Hogan, former pro wrestler.

Bollea (Hulk Hogan) v. Gawker

  • Although this is not a probate litigation case, the jury here demonstrated just how important they believed someone’s right to privacy is.
  • Hulk Hogan, whose real name is Terry Bollea, was recently awarded over $115 million dollars in damages for invasion of privacy.
  • The lawsuit was against Gawker Media, a company that published a sex tape of Bollea.

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