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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.

Are you currently serving as personal representative of a  West Palm Beach estate or as a trustee to a West Palm Beach revocable trust? Is there real property involved in the corpus of the trust or estate? Experienced Palm Beach probate litigators know that unwatched property might have squatters or others claiming rights to the property. Do you know how to quiet title in West Palm Beach?

Are you a former client of a Palm Beach law firm who fired the law firm? Or, maybe you are a Palm Beach law firm or probate lawyer who fired a client and there is a fee dispute.  Can a Palm Beach probate lawyer hold the client’s file until he or she gets paid?  An August 5, 2015 Florida 3rd DCA case discusses law firm retaining liens under Florida law.

Have you had to engage in litigation to have your rights protected   in West Palm Beach? You may be entitled to attorney’s fees for the expenses you expended in protecting your rights. Do you know how to prove you are entitled to reasonable attorney’s fees in West Palm Beach probate court? A recent case out of the Fifth District Court of Appeals shows that a litigant may be entitled to attorney’s fees in a case regarding insurance stacking.

Palm Beach probate litigators know that trusts can be an effective  estate-planning tool especially for married couples. Often these trusts will alter upon the death of one of the settlors changing from a revocable to an irrevocable trust. Do you understand the differences? You may want to see what an Arkansas Court of Appeals had to say about the issue.

Involved in a Palm Beach attorneys fees “fight” ?  Maybe you are involved in a probate litigation Boca Raton and there is a dispute over what the executor of the will wants to get paid. Or, maybe you are involved incontract lawsuit Ft. Lauderdale and there is an attorney fee provision in the Florida contract.  If so, you may want to read this April 17, 2015 Florida contract case from Florida’s5th District Court of Appeal dealing with Florida attorneys fees.