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?
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.
If an attorney or other professional in West Palm Beach acts negligently you may have an action for malpractice. In order to protect themselves from exposure, often professionals will retain malpractice insurance. This means that collecting from a Palm Beach malpractice action can be relatively simple, compared to collecting judgments from an uninsured person. When your lawyer commits malpractice, you want them be insured but what if a policy exclusion stands in your way? The Third District Court of Appeals heard a case this last December over just such an issue.
Are you a business owner involved in commercial litigation like a contract dispute? Palm Beach employment litigation? You may want to read today’s (March 25, 2015) 4th District Court of Appeal opinion regarding Florida employment law, an employer’s contention, andemployment grievance procedure.
Are you involved in a wrongful death case Palm Beach? Or do you seek a declaratory judgment from the local probate court Delray Beach? If so, and if you had a “deal” to split the wrongful death money, be cautious: you will want to read this West Palm Beach Probate Appeal opinion just handed down.
Our society is used to customer service, if you do not like your barber chances are you will not be coming back right? Unfortunately Florida Probate Judges are not reviewed on Yelp! (atleast to my knowledge!) so you may be disappointed with a finding but you have to deal with it. What you may not know though, is that you are entitled to have court orders in writing and reasoned. A case out of Ohio that was decided on February 13, 2015 outlines how a Court must write out the basis for their decisions.
When a Personal Representative in Florida breaches their duties and is foundliable in Florida Probate Court they can either be liable individually or in their capacity as PR. The difference is important for you if you’re the one suing because it may affect your ability to collect your money that you did not properly inherit. A recent case in Texas illustrates three mistakes commonly made by PR’s that get them into hot water.
Thinking about bringing an undue influence lawsuit in Florida about a big gift? Maybe someone gave something away or put someone’s name on a Florida joint bank account? Or, maybe you just read your mom’s will or your dad’s revocable trust and believe it’s the product of undue influence. Well, what exactly is undue influence in Florida probate and can it be used to set aside other gifts?