Plenty of different issues end up in court when it comes to estates, probate and the administration of trusts, but what actions go to probate court? Experienced Palm Beach probate litigators know whether an action belongs in probate court or civil court. How can you tell? Check out this quick reference guide for understanding the jurisdiction of the West Palm Beach probate court.
OK, let’s say that you have adult children from your first marriage and they live outside of Florida. And… you are getting married to a second or third spouse. Regardless, have you thought of what yourfinancial life might be like if your adult children from a previous relationship don’t like your latest spouse? Do you think that your adult children will hate their step-parent? Jealous? Do you think that your latest spouse might not get along with your adult children? Well, here are some Florida estate planning issues and also Florida guardianship and dementia issues to consider if you have a 2nd or 3rd spouse and adult children. Remember: your kids are probably already counting their expected inheritance and think your spouse spends too much. And your spouse is mad that he or she signed that damn prenuptial agreement. Don’t forget: we are living longer, so there is a greater chance than ever before that we will become incapacitated or incompetent before we die. What would life look like if you are the subject of a Florida guardianship due to Alzheimers for you, your spouse and your adult children? I see too many Palm Beach guardianship litigators in that picture.
Are you involved in guardianship matters or end of life, health care decision-making?
Many dis-inherited heirs & family members seem to know a lot about fraud when they want to file a Florida inheritance lawsuit. Did you know that an Undue Influence case in Palm Beach probate is a species of fraud? Wondering about fraud in a will contest or a challenge the will lawsuit in Florida probate? Well, just how long do you have to sue for fraud if you want to file a Florida probate litigation matter? Consider reading the August 19, 2015 Florida 4th DCA case ofOgnenovic v. David J. Giannone, Inc., 4D14-4833, which discusses the statute of limitations for fraud in Florida. Although this is not a probate case, it is very helpful.
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.
There was a 3rd DCA case issued two days ago, August 7, 2015, on attorney retaining liens which is worth reading and keeping in our files. If you are a Florida probate lawyer, you may want to read this Palm Beach probate commentary, or read the case, which has a link below to the full 3rd DC A opinion.
WEST PALM BEACH, FLORIDA– as of August 4, 2015, our West Palm Beach probate litigation law firm is hiring, and we would appreciate it if you would send resumes our way. If you have colleagues and friends who have a law background, are intelligent, articulate, and focused on their career, we would be grateful if you would invite them to contact the firm’s CFO, Dana Murray.
WEST PALM BEACH, FLORIDA– If you are involved in an undue influence case and the Florida Slayer Statute, you should read this July 29, 2015 4th DCA opinion, which is provided at the end of this Florida probate legal commentary. ….
Has the other side in a will contest or guardian dispute in West Palm Beach willfully disobeyed the Court? Are they making discovery impossible? Have you considered bringing this up to the Court? You may be entitled to sanctions. Check out this new case out of the Fourth District Court of Appeals.