If I were to ask you what all Florida probate litigation has in common you may answer with one word “money.” To be sure, very few Florida trust lawyers are working for free and few heirs are suing for something besides money. That being said it does happen. Check out this recent probate lawsuit where a brother and former spouse filed a probate lawsuit regarding who gets to decide what goes on the tombstone.
Many Florida trust lawyers were discussing the recent probate lawsuit involving eccentric Spanish aristocrat, “the Red Duchess” after she married her lesbian lover on her deathbed and changed her will. What does this have to do with Florida probate litigation? If you want to win in your West Palm Beach probate lawsuit you may want to know what these probate litigation attorneys did right, after all the heirs are walking away with thirty three million euros!
What happens the DAY AFTER your probate litigation lawyer Florida wins your estate lawsuit, or perhaps you are asking your trust lawyer Florida what to do after getting a victory. A December 16, 2015 3rd District Court of Appeal opinion, No 3D15-591, Wells v. Sacks, deals with a revocable trust and a trustee and the issue of proceedings supplementary. Here is the opinion of this appeals court ruling:http://www.3dca.flcourts.org/Opinions/3D15-0591.pdf
How long does Florida probate litigation take?Experienced Florida trust lawyers will likely all give you the same response – it depends. So what does it depend on? Estate lawyers in Florida know that among other things one has to look at the assets and the heirs. Also the probate court’s docket will come into play as well. Check out how one probate case in the former Yugoslavia has been dragging on since the 1980s!
Florida probate litigation can get heated between you and the other side. There are stepmothers who don’t get along with step-daughters and they are fighting over the Homestead or how dad should be cared for, or a power of attorney. Sisters fighting brothers in will contests or trust lawsuits Florida. One thing no Florida trust lawyer wants is for it to heat up between you and the judge. When is it proper to seek to disqualify a probate Florida judge and does it even make sense to ask your Florida estate lawyer to do this? How do you disqualify the probate judge in West Palm Beach?
When can you appeal an issue or judgment which your probate lawyers Florida just dealt with at trial or at an evidentiary hearing? The ability to appeal an order or ruling now, rather than waiting for the end to your inheritance trial, can often create leverage or bargaining power, for people such as heirs at law or trust beneficiaries when they are involved in estate lawsuits Palm Beach. The Florida appeals rules changed over the last couple of years, with many probate appeals more accessible than ever before; or, put another way, your Boca Raton estate litigator can now appeal a number of rulings–not all of them– without having to wait until the end of yourtortious interference with an expectacy case, or after an inheritance trial such as a will contestor petition to revoke probate. BUT, if you file a frivilous probate appeal, that can cost you. Consider reading this November 25, 2015 Florida 4th DCA appeal case, whose opinion was just handed down. While it does not appear to be a probate case Florida, it holds a veryimportant point of Florida appeals law. The case is Cosner v. Park, Case No. 4D14-2543, 40 Fla. L. Weekly D 2632: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2543.op.pdf
Everyone from Florida probate lawyers to beneficiaries of estates and heirs at law know what an executor is. An Executor is the person who runs an estate or a probate. In Palm Beach probates, we call an executor a personal representative. Personal representatives have very broad powers under the Florida Probate Code, and many times this authority ticks off beneficiaries or in-laws, or sons or daughters who WANTED to control their parent’s estate, but have no power. But, do you know what a Florida curator is? How does a curator of a probate or estate work and what does he or she do? Consider reading a recent, November 25, 2015, Florida probate appeal filed by probate litigation law firms West Palm Beach which went to the 4th District Court of Appeal: Gordin v. Estate of Wilensky, 40 Fla. L. Weekly D 2639: http://4dca.org/opinions/Nov.%202015/11-25-15/4D14-2228.op.pdf
Are you currently serving as the personal representative of a Florida estate that is embroiled in Florida probate litigation? Often times probate litigation can spill into other Court’s as well and you may end up asking your Florida trust lawyer if they can also help you in a foreclosure action! That is what happened in this recent case out of Illinois, check it out to learn more.
Every probate lawyer Florida knows that you need to prove each & every element of every count or cause of actionwhich you file as a plaintiff in your probate lawsuit Palm Beach. If you don’t prove any part of each count to your complaint at trial, that count will fail. Your estate lawyers, if they handletrials & probate appeals, know that in Florida, you also have to prove damages. Damagesis usually the last element to any estate cause of action, or any lawsuit for, say, tortuous interference with an expectancy, or any conversion lawsuit over a bank account or IRA. If you win your estate lawsuit Florida, then your probate litigation law firm should also see if they can get pre-judgment interest. Here is a November 9, 2015 1st DCA case which speaks about the tort of conversion and prejudgment interest on Florida judgments. You can read the case at 40 Fla. L. Weekly D 2527 or you can click on this link to read the entire appellate opinion for free:https://edca.1dca.org/DCADocs/2015/0302/150302_1286_11202015_041801_i.pdf Note that this case is not a probate case. It is a recent contract lawsuit Florida, which is often handled by commercial litigation law firms Florida. But understand that the tort or civil wrong ofconversion, and applicable case law on getting interest in your Florida lawsuit, applies in probate and commercial litigation lawsuits Florida.
Florida trust lawyers will tell you that overturning or setting aside a Florida trust, is not as easy as most heirs at law ordis-inherited beneficiaries want you to believe. Likewise, what if you want hire a Florida probate litigation law firm to set aside a will? Is THAT easy? Well, if you are interested in awill contest, or you want to revoke a Florida probate, before you reach for your estate lawyers in Florida on speed dial, consider reading this November 6, 2015 Florida probate appeal case from Florida’s 2nd District Court of Appeal. The Estate of Murphy, Rocke v. American Research Bureau, has got it all, including a $12 Million Florida estate, a 107 year old deceased Florida millionaire, a series of wills, a number of potential heirs at law, and, of course, Florida probate lawyers. You can read this will contest Florida case here at this link for free:http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2015/November/November%2006,%202015/2D14-4107.pdf. And while you estate beneficiaries may be interested in the facts, most Florida probate litigation attorneys and law firms will be interested in the doctrine of dependent relative revocation, an important Florida will contest and probate topic any there are multiple wills in a will challenge Florida case.