Search Results: declaratory judgment

Can you file a motion to have a trust and estates lawsuit moved to a different venue? Can you ask the probate court to transfer venue from one county to another? If a venue is inconvenient for the parties and witnesses, what can you do? What should your West Palm Beach trust lawyer know about the doctrine of non conviens? What if you sue someone from out of state or from a different city? Probate attorneys know that, if you sue someone who lives out of the state or country, they may argue that the Florida court lacks personal jurisdiction over them, or that, another state is more convenient for litigation. Can you really have a trust and estates lawsuit dismissed based upon “convenience?” A July 26, 2017 Fourth DCA opinion thoroughly discusses the doctrine of forum non conveniens and a motion to transfer venue to a different county within Florida.

Condominium association appeal turns setbacks into success in dispute with City of West Palm Beach and hotel developer – by Robert Hauser 

Is your brother or sister “messing” with your inheritance? If so, can you sue them in a Florida probate court ? Can you sue a sibling for tortious interference of your inheritance if your sibling convinced your dad to write you out of his Florida will? You may have heard of tortious interference but do you know when you have a strong claim for it in probate litigation?

What can you do if a family member is trying to steal your inheritance? Can you sue a sibling for tortious interference of your Florida inheritance if your sibling convinced your dad to write you out of his Florida will? What is tortious interference? How do you know if you have a good case? You should read Slosberg v. Giller and consult with an experience probate litigation lawyer.

Do you know what a power of appointment is under Florida trust law? This, like a lot of probate law is an area where if you don’t “use it” you will certainly “lose it.” Want to learn more? Check out this recent case from the Supreme Court of Georgia.

If you are involved in Florida probate litigation, most likely your estate attorneys have, as part of their litigation strategy, the Florida appeals process.  What if you win but the other side appeals your estate lawsuit? What if you lose: did you preserve the errors for appeal? In Palm Beach probate circles,Florida’s 4th District Court of Appeal handles the appeals in Broward, Palm Beach and Martin Counties for estate, trust, & guardianship appeals.  So, what can you learn from a recent, February 17, 2016 4th DCA appellate decision called Salituri v. Salituri?  Well, this is actually  not a probate case. It is a family law or divorce appeal Florida.  We all know that divorce law in Florida, and divorce trials, are often the subject of appeals, kind of like summary judgments:  they seem to always be the subject of a written appellate opinion.  So, here are a few things which you, a Florida estate lawyer, or a client who is in the middle of an estate lawsuit Boca Raton, can learn from this recent 4th DCA opinion, regarding a final judgment which was REVERSED and sent back down to the Broward County trial court.  Here is a copy of this 4th DCA, Florida, appeals decision:  http://4dca.org/opinions/Feb%202016/02-17-16/4D15-1258.op.pdf

Are you about to get involved in Florida probate litigation and  cannot decide whether or not you need an estate lawyer in Florida? Florida trust lawyers know the intricacies of the Court system because of experience. Check out this case out of the Supreme Court of Tennessee to see why hiring a Florida probate litigator pays off big time.

A September 10, 2015 opinion from the Florida Supreme Court is a must read for all divorce lawyers and family law attorneys Florida and for anyone who writes, interprets or litigates Florida prenuptial agreements, premarital agreements, postnuptial agreements.  And, for estate litigation law firms West Palm Beach, you should understand the effect of langauge in a prenup which may waive possible inheritance rights of a Florida widow.

OK, so you are the successor trustee of mom’s revocable trust which became irrevocable when she passed away in Jupiter Island, Florida.  Now, you, her daughter, are in charge of $10 Million of the family trust and you are told thatFlorida trust law applies.  Not only do you know nothing about Florida trust law, but yourpain in the #($ brother is suing you for a number of legal things you can’t begin to understand.  So, what in the world do you do as the trustee of a Florida trust when you have been sued?  What is your best defense to a Florida trust lawsuit? What is a Florida trustee’s best defense to getting sued?

Let me guess, mom or dad died in Boca Raton with a few bucks and a revocable living trust that is now anIrrevocable Florida Family Trust and you are a beneficiary.  With questions! Or, maybe your rich aunt from Jupiter Island passed away and made you the trustee of her family trust and now you have to run the trust according to Florida trust law.  YOU have questions.  So, if you are involved with a Florida trust, most trust lawyers West Palm Beach will tell you to pick up the phone & talk with  the people who you need information from.  Don’t get along with your trustee or your trust beneficiaries?  Having trouble with the trust? OK, here are 4 reasons to bring a Florida trust lawsuit if negotiation, plain old talking on the phone, and asking nicely, do not work.