If you are thinking about suing your mom or dad’s estate, or personal representatives or Florida executors, then you may want to read this January 13, 2016 estate fraud lawsuit called Moriber v. Dreiling, No. 3D13-1904 & 3D13-175, out of Miami’s 3rd District Court of Appeal. Here is a copy of the appellate opinion on this estate litigation case: http://www.3dca.flcourts.org/Opinions/3D13-1904.pdf . Florida probate lawyers may want to read this opinion because this involved a civil suit and a motion for attorneys fees under Florida’s Offer of Judgment or proposal for settlement law, as well as a motion for summary judgment filed by the estate.
When can a motion for summary judgment work in a probate litigation?
- Florida estate lawyers know the probate code and and trust code and many guardianship laws
- But a probate litigation law firm Palm Beach should know all of that and more….like therules of civil procedure and the evidence code
- So, when does a motion for summary judgment make sense, and when should your will contest lawyer Florida file a motion for summary judgment?
- Remember that summary judgment is a civil and procedural remedy and the hearing does not permit the introduction of evidence
- Check out Florida Rule of Civil Procedure 1.510 on Summary Judgment at this link:http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf
- Probate attorneys Florida may know that you can, or should, file affidavits in support of the motion or against it
- This Miami estate appeals case involved a motion for summary judgment filed by the estate against the plaintiff regarding the claims of estate fraud
- In this probate lawsuit, a sister sued her two siblings, who were the executors or personal representatives of a Dade County probate
- Siblings fighting over money? Well, that’s the world probate litigation Florida
- So, if you are involved in a tortious interference with inheritance case, or a will challenge Delray Beach or will contest Palm Beach Gardens, ask your estate litigation Florida law firm if a summary judgment motion is right for you, what it will cost, the likelihood of success, and, and this may be the most important, how it will fit in, or not fit in, with your trial strategy
- Remember, perhaps the two most important things about a motion for summary judgment in a probate lawsuit: first, there must be no disputed material facts, and, two, summary judgment rulings are perhaps the most appealed issues from a probate lawsuit. So, consider having a Board Certified Appellate Attorney at your trust lawsuit trial or on board with the summary judgment motion.
- Even if you win, like this case, the other side can appeal.
- Are you ready for your Florida probate appeal?
Estate Fraud Lawsuit Fails, Loses Again at Florida Appeals Court
- Thinking of creating trusts for your family
- Before you ask your Florida trust lawyer to write a trust, consider how your family will react when you are gone. Will the siblings fight over money, your estate and the Miami probate?
- Be careful if you own a private business or a Florida LLC or corporation or partnership. Why?
- Well business litigation lawyers Florida will tell you that when the founding member or senior family member dies, if there is no clear line of succession, family members can squabble
- In this Miami estate fraud case, there was several trusts for the benefit of a business owner’s wife, a spouse, and his children
- A substantial estate would pour over into his revocable trust
- Father died in 1993 and appointed two siblings and spouse to be the co-trustees upon his death
- The spouse later died
- The plaintiff was not only a co trustee of the trust, but also a beneficiary
- Florida trust attorneys would tell you that when that happens, one has to be mindful of aco trustee’s fiduciary duties and also one’s own, personal interests as a beneficiary of a Miami trust
- In 1995, the spouse, or the widow, created an irrevocable family trust
- There were split dollar arrangements for life insurance, three life insurance policies for $1.5 Million each
- What happens when disputes arise between family members with lots of money and lots of trusts? Well, what CAN happen is what happened to this family: someone or family members decided to server business and financial relationships with another family member and the mother/widow ceased communicating with a family member
- You can read the rest of the Florida appeals court opinion to read about the trusts, the demand for trust accountings Florida, the life insurance disputes, the settlement agreement, the motion for summary judgment and the alleged fraudAre You Interested in Viewing Free Florida Trust, Probate & Estate Videos?
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