How does the Florida probate court decide who are heirs when you die intestate? Florida probate lawyers know intestacy is when you die without leaving a will or alternative estate plan. Want to know who is going to be an heir under Florida’s rules of intestate succession? You may want to talk to an experienced Florida estate lawyer. Alternatively, for an interesting read check out this story about a Polish probate court and its ruling on a priest’s alleged child.
Whether you are involved in Florida probate litigation or just like a good read, a recent HBO exec’s will and estate plan is making headlines. Have you heard about the exotic dancer who may have usedundue influence to get a hold of a large executive retirement plan, 401(k) and life insurance policy. Could a Florida estate lawyer undo this?
Estate litigation in Florida is different then other State’s probate litigation. Do you know how Florida probate litigation is different? The changes are by no means slight. Check out this recent case out of Massachusetts and learn why Florida will contest lawyers know it would be totally different if litigated in Florida.
Florida probate lawyers know that one way to invite Florida probate litigation is to execute the will improperly. Some States allow for unwitnessed or so called “holographic wills” but Florida is not one of them. Check out this recent probate appeal from Connecticut that dealt with a Pennsylvania woman’s holographic will. How would this all work if it happened in Florida probate court?
Do you know what is going to happen if your Florida estate plan was not signed properly? I will give you a hint, its called Florida estate litigation, or sometimes, Florida probate litigation. Who pays for all of that? Sometimes the heirs or beneficiaries of the estate plan and sometimes the estate itself. Can you sue the attorney to recoup these costs? Check out this recent case out of Connecticut because that is exactly what one set of probate litigants did. Why did they lose?
If you are involved in Palm Beach estate, probate, trust or guardianship, it may have crossed your mind to find a probate litigator Florida. Not just a Florida probate lawyer, or estate attorney, but one who limits his or her practice to litigating probate disputes. You know, someone who tries cases and goes to court for estate trials. A lawyer who is familiar with evidence, the introduction of evidence, and how to try a will contest Florida. So, if, unfortunately, I guess, you have to hire a probate litigation law firm Florida, here are 5 questions which you may want to ask.
If you have consulted a Florida probate lawyer about estate litigation in Florida the term interested party may have come up, a number of times and ways. But what is an interested party in a Florida probate litigation lawsuit? Check out this recent case out of the Appellate Court of Illinois to learn more.
Estate litigation in Florida can be expensive and time consuming, and it is surprising how few people consider getting a Florida probate lawyer when their rights have been infringed. Did you know that Florida probate litigation may be able to undo gifts that were given during a person’s lifetime (so called inter vivos gifts)? Check out this recent case out of Kentucky to learn more.
Homestead Florida is a hot topic for probate litigation law firms. It is an area of the law which many find confusing, and which estate lawyers Florida are always reading recent appeals court decisions or appellate court decisions on. Here is a probate litigation case in Florida where 6 siblings are quarrelling over the familiy homestead and the existence, or non existence, of a family trust. What interest in real estate do 2 trustees get if the real estate is deeded to them, as trustees? Do the trustees get a 100% fee interest, or do they get legal title to hold the real estate for the trust beneficiaries? This December 18, 2015 1st DCA case involves an appeal of a homestead and trust issue, which is a probate or trust litigation Florida matter. Here is the opinion, originally published as 40 Fla. L. Weekly D 2809, but REPUBLISHED by a corrected opinion on December 22, 2015: https://edca.1dca.org/DCADocs/2015/0364/150364_1287_12222015_115448_i.pdf
It is, to say the least, an uncomfortable motion for a probate litigation law firm Florida to file. What I am speaking about? Why, it’s a motion to disqualify the probate court judge. Some estate lawyers Palm Beach refer to it as a motion to recuse. Sometimes, not all the time, you will see these motions filed in atrust lawsuit or even a Palm Beach probate administration. Many times, you see one side in awill challenge Florida or will contest Boca Raton trying to get rid of the judge. Why? Well, if beneficiaries or heirs at law or step-sons, or step-daughters, are fighting mom or dad’ssecond spouse, or there is sibling rivalry, there is a lot on the legal line, right? And, sometimes, not all the time, if one of those parties to a probate Florida loses a motion, or anevidentiary hearing, they feel, well, down. And instead of focussing on the facts, or discovery, or trial strategy, or setting depositions, they improperly get mad at the probate judge. Is this right? Is this what serious trial lawyers do? (No….)