Did you parents establish a living trust to benefit you and your brothers and sisters? Do you disagree with a court ordered distribution of the trust? You may have a right to appeal an improper distribution in West Palm Beach probate court. Check out this recent case out of the Court of Appeals in Nashville to learn more.
Trying to get attorneys fees in a Florida estate law case? On August 14, 2015, Florida’s 1st District Court of Appeal issued an opinion on Florida’s “offer of judgment” statute. Ask any probate lawyer West Palm Beach and they may say that they don’t know much about Florida Statute 768.79. Sometimes called the “offer of judgment” law, this Florida attorneys fee statute is actually referred to as the proposal for settlement law. But, ask any probate litigation lawyer West Palm Beach, and they will tell you that Florida law 768.79 and Florida Rule of Civil Procedure 1.442 are very important estate lawsuit tactics to attempt, at times, to recover attorneys fees after a successful trial. Of course, or, perhaps alternatively, Florida’s offer of judgment law could also settle your probate lawsuit, such as tortuous interference with an expectancy or a will contest Boca Raton. So, what can or should heirs at law, beneficiaries of Palm Beach probates and Florida trustees of revocable trusts know about Florida Law 768.79 and offers of judgment? And…. why is this 1st DCA case in conflict with the Palm Beach Appeals court’s ruling on 768.79?
Many Florida heirs at law and executors of wills in Palm Beach probates know that estate disputes can get expensive. Probate lawyers in Florida are not cheap, especially those who actually try inheritance lawsuits, and are estate litigation law firms. So, when there’s a chance to get attorneys fees in a Florida probate, you need to understand how this can be done. A recent,August 12, 2015 appeal from Miami Dade County deals with Florida’s proposal for settlement statute, also known as Fla. Statute 768.79 and Florida Rule of Civil Procedure 1.442. While this August appeal from Dade County, Florida is not a probate case, it is a new opinion on Florida proposals for settlement and that Florida statute for attorneys fees.
Your probate lawyer West Palm Beach, if she or he handles probate trials, knows that Chapter 90 of the Florida laws =Florida Evidence Code. So, in a Florida will contest or undue influence case Delray Beach,can you get the deceased person’s income taxes? An August 12, 2015 Florida 4th District Court of Appeal case deals with the Florida accountant-client privilege and Florida Evidence Law Statute 90.5055.
Some of the work which probate lawyers Palm Beach do is to assemble data about assets which are in the Palm Beach probate,and perhaps assets which are not in the probate but SHOULD be. Financial discovery ormarshalling the assets are tasks for trustees of Boca Raton living trusts and also Palm Beach Gardens estates. So, if you need to get income tax returns or accounting information for a probate, estate or trust, what do you do if the CPA or Florida accountantwon’t tell you about the finances & money? What do you do if the accountant won’t give you the income tax returns and raises the accountant client privilege under Florida evidence law?
In Florida probate, there are many times when the world of Florida divorce law “collides” with Florida probate. In this Florida probate commentary, I want to discuss a very specific & limited set of factsinvolving both Florida probate law & divorce law. What Palm Beach probate attorneys refer to as the Florida dissolution of marriage. If you are going through a divorce, and one of the parties died after changing a beneficiary designation on a life insurance policy, bank account, or IRA or retirement plan —in violation of a Florida divorce court order — listen up.
Are you an estate beneficiary of a Boca Raton probate? Maybe you filed a Florida will contest but settled the probate lawsuit at an estate mediation in Boca Raton. Well, if you signed a Florida probate document which some Boynton Beach probate lawyer gave to you, and now you want out of it, consider reading the cases which are listed below in this Palm Beach probate commentary. And consider the points below which may be helpful to understand whether you can get out of a Palm Beach probate document which some Florida probate lawyer asked you to sign.
So, you want your day in Florida probate court, right? And you want a jury trial for your probate lawsuit? Well, if you want a Florida jury trial for your estate lawsuit Delray Beach, do you know, perhaps the one most important rule?
If you follow the news you have probably heard of the slayer statute that most States have in their probate code. Do you know how the slayer statute works in West Palm Beach? Ben Novack’s estate is in the news again, this time because of an appeal regarding his heirs and taking of an inheritance. Do you think the slayer statute should extend to heirs of the killer? The Court did not think so, take a look at what happened.
If you are involved in an undue influence probate case about trying to overturn a will based on undue influence, you may want to read this July 29, 2015 4th District Court of Appeal opnion onundue influence and also the Florida Slayer Statute. If someone murders you, do they inherit in a Palm Beach probate? If someone is a murderer, can their children or grandchildreninherit under the Florida will?