Trust beneficiaries and trustees seek declaratory relief all the time. Filing a “dec action” is permitted by statute and caselaw. What is declaratory relief and how can an action help you?
Florida law, 736.0201 specifically permits declaratory relief. What is declaratory relief in a trust and estate lawsuit? How do Florida probate litigators get a probate judge West Palm Beach to make a declaration about your rights or someone else’s rights? A May 11,2016 Fourth District Court of Appeal opinion discusses a declaratory action under Chapter 86, Florida Statutes.
Declaratory Relief in Florida
- Do you know what a declaratory judgment action is and how to win in West Palm Beach?
- How do you go to a Palm Beach probate court to bring a complaint, or Florida lawsuit, for declaratory relief under Chapter 86, Florida Statutes?
- What do you need to know about declaratory relief and why would a probate litigation attorney be talking about it?
- If you are involved in trust litigation Boca Raton, and you ask your trial attorneyabout declaratory relief, they’ll tell you that one of a lawsuit’s causes of actions is for a declaration of relief.
- A cause of action for declaratory relief accrues when the last element of the cause of action occurs.
B.B.S. v. Rodriguez-Murguia
- If you are involved in a Florida estate lawsuit, or inheritance lawsuit, and you are questioning whether you have a right to something in a will or trust, you should read thisappellate opinion that explains Florida Statute 86.011.
- Here, there was a petition filed regarding maternity(not paternity).
- Children in this case were petitioning that the person listed on their birth certificate was “a fictitious or nonexistent person.”
- This is an interesting case because, here, someone is trying to prove maternity , when usually people are trying to prove paternity.
- The Fourth DCA “determined that the trial court erred in failing to grant the Children relief pursuant to Chapter 86, Florida Statutes.
- To read the entire case and read what Section 86.011, Florida Statutes(2014) states,click here.
Want to know more about Florida probate litigation? Consider these free resources:
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- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code: http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml