Can you object to a Florida revocable trust while the trust creator is alive? Or, you could ask the question a different way: in Florida trust litigation, when can you file a trust contest or trust challenge about a revocable trust or living trust? Must you wait until the creator of the trust dies, or can you attack a living trust or an amendment during the creator’s life?
Let’s say that you are in the middle of a trust lawsuit Palm Beach or maybe a will contest Florida. The other side just filed a motion for summary judgment and your probate litigator Florida just told you that this may be the end of your inheritance case. What? Or, perhaps, you have asked your estate lawyer Palm Beach whether filing a motion for summary judgment on a limited issue makes sense, and now you are discussing trial strategy. When does a summary judgment make sense in a Florida probate lawsuit? Here are 5 things to consider when involved in estate lawsuits Florida and also trust litigation Delray Beach:
Should you videotape a will signing or when you sign a revocable trust? That questions is one which not only people with estate plans may think about, but it is also a question perhaps faced by estate planning lawyers Palm Beach. Why in the world would you videotape a will signing, or what some estate lawyers Florida refer to as the “ceremony” of the will signing or execution, sometimes call the the will signing ceremony or execution ceremony?
Florida guardianship lawyers have had an increasing amount of work over the past 10 years or so. Why? Well perhaps more adult children or 2nd and 3rd spouses are seeking to control or protect someone with the help of the probate courts. Other probate lawyers Palm Beach might say that adult children and 2nd and 3rd wives and husbands are just more litigious about money and inheritances and the use, or mis-use, of someone’s money as they age, and perhaps get frail or suffer fromdementia. What costs can a family-member-turned-guardian recover? Here are some points to consider before you expect to be reimbursed for travel or other expenses which you, as guardian, claim to be spending for your parent’s benefit.
Florida probate litigation can get heated between you and the other side. There are stepmothers who don’t get along with step-daughters and they are fighting over the Homestead or how dad should be cared for, or a power of attorney. Sisters fighting brothers in will contests or trust lawsuits Florida. One thing no Florida trust lawyer wants is for it to heat up between you and the judge. When is it proper to seek to disqualify a probate Florida judge and does it even make sense to ask your Florida estate lawyer to do this? How do you disqualify the probate judge in West Palm Beach?
Florida probate litigation usually belongs in the Florida probate courts, that only makes sense. But what about Federal Court? Can you file a probate lawsuit in Federal Court instead of in West Palm Beach? The truth is it is very rare for a Florida estate lawyer to file in Federal Court but it is possible. Learn why by reading this recent case out of Kansas’ Federal District Court!
Has someone mis-used a power of attorney in Florida or taken a bank account in Boynton Beach. Ask any Florida trust lawyer and they will tell you that financial abuse of the elderly in Florida is a serious concern. Ask any Florida probate litigation law firm in West Palm Beach and they will tell you that you can try to recover stolen money by suing for civil theft, conversion and other elder abuse -specific lawsuits in Florida.
Are you currently fighting against your kids in West Palm Beach guardianship (probate) court? Do you know your rights to oppose guardianship? Experienced Palm Beach probate litigators know that a guardianship may not be the right remedy to protect you, every time. Have your relatives considered less intrusive means such as a power of attorney? Do you know how to prevent an inappropriate guardianship? Check out this recent case out of the Fifth District Court of Appeals where a woman fought to keep the State out of her personal life, see how you can do the same with your adult children.
Usually, we think that one’s property “goes to” those heirs or beneficiaries who are named in the will, right? But, a new Hollywood estate lawsuit puts the estate of Marilyn Monroe in the middle of a dispute over holograms, digital images and the issue of who gets to use one’s likeness. Millions of dollars could be at stake over a matter that most estate attorneys would say should have been resolved in probate court decades ago when the famous actor died.
Are you the executor of a Palm Beach probate and have found out that someone owed the estate a bunch ofmoney under a contract, but has not paid it? Well, you may have to sue the person who broke the Florida contract and get the money for the estate. Do you know when the statute of limitations runs out for breach of contract lawsuitsin Florida? Well, how about this. What if you are a probate beneficiary of an estate or mom or dad’s revocable trust which had abank account in Boca Raton that avoided probate. You ask the trustee for information about the Boca Raton bank account of the trust and you find out that over a period of 7 years, the trustee improperly took out $50,000 each year in violation of the Florida living trust. You want to sue the Florida trustee to get the money back to the trust. When does the Florida statute of limitations end for the trustee improperly taking the money? You may want to read a recent, September 30, 2015 Palm Beach appeals court opinion on the Florida statute of limitations for breach of contract. This is NOT a Palm Beach probate case, but it does address the running of a statute of limitations when there are multiple wrongs. What does a Palm Beach executor of a will or a trust beneficiary need to know about the statute of limitations in Florida? Read on.