Are you a beneficiary of a family trust or will in West Palm Beach Florida? Is the trustee or personal representative trying to sell valuable property? You may be able to enjoin the sale or have the Court stop it but there are strict guidelines when it comes to injunctions and Florida probate litigation.Have you discussed these issues with your Florida trust lawyer? Check out this recent case to learn more about injunctions in Florida probate cases.
Injunctions in West Palm Beach Probate
- An injunction is a special type of Court Order that says a person cannot do something – like selling the family home in Boynton Beach.
- Injunctions can be ordered in a preliminary fashion in other words before the case is rendered.
- This called a preliminary injunction and estate lawyers in Florida know they can be difficult to obtain.
- Have you talked with your probate litigation attorney about how to get an injunction in your probate lawsuit in Florida?
- Florida probate lawyers know there are four major elements that you have to prove to get an injunction.
- Do you know what they are?
- First you have to show irreparable harm or a strong likelihood thereof.
- You also need to prove you have a high likelihood of success and that there is no other remedy to prevent the harm at issue.
- Finally the West Palm Beach probate court will analyze whether or not the injunction is contrary to public policy.
- If you think you fit the criteria and have immediate needs then ask your Florida estate lawyer if a preliminary injunction is right for your probate lawsuit.
Transunion v. Reilly
- This was a dispute centered around a non-compete clause in a contract.
- The company wanted a preliminary injunction just like the one probate attorneys Florida use in probate lawsuits.
- Florida estate attorneys know you have to focus on the four essential elements listed above.
- The problem in this case was that the trial court felt that irreparable harm had not been proved but there was a statute that held to the contrary.
- Unfortunately these type of presumptions do not apply to the probate injunctions that Florida estate lawyers deal with.
- If you want an injunction you will have to prove you are entitled to it in probate court, in front of the probate judge.
- That is why you hired an experienced probate attorney after all!
Want to learn more about preliminary injunctions?
Check out the entire case by clicking here.
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