Do you have to litigate homestead issue in Florida?

If you have a homestead issue, one litigation question for your trust or estate trial lawyer is whether or not you MUST litigate that issue in a probate lawsuit or rather in a civil action Tenants by the entireties in Florida is a very valuable property right for widows and spouses and married people.

Can a Florida Attorney make a legal error?

The Florida attorney who drafted a decedent’s will could have made errors when creating or executing the document that results in negative, unintended consequences. For example, the attorney may have failed to: Attorney errors can result in costly probate litigation.

How to sue an executor of the estate in Florida?

How to sue an executor of the estate is a question we are often asked. In Florida, the executor of an estate is referred to under Florida law as the Personal Representative. To bring a lawsuit against the Personal Representative, the petitioner needs to file on time, have a winning case, and be able to prove the case.

Can a personal representative be sued in Florida?

A Personal Representative who nevertheless engages in acts of self dealing can be sued for a return of any profits, as well as for attorney fees, and possible removal. There are many other issues that can arise.

Can a lawyer sue a current client in Florida?

A lawyer cannot sue a current client. In Florida Ethics Opinion 88-1 the Committee stated that a lawyer cannot take action against a client to enforce a fee agreement before the representation had ended, either by withdrawal or by conclusion of the client’s matter.

The Florida attorney who drafted a decedent’s will could have made errors when creating or executing the document that results in negative, unintended consequences. For example, the attorney may have failed to: Attorney errors can result in costly probate litigation.

Can you sue the personal representative of an estate in Florida?

You have to sue the named personal representative of the deceased Florida resident’s estate. They are appointed by the court after the petition for administration is filed. The proper way to sue a dead person, or to seek relief or damages, in Florida, of the deceased person’s estate, is to sue the proper, named, appointed personal representative.

Who are the probate attorneys for the state of Florida?

To learn more about how we can help with your probate matter, contact the Business Trial Group’s Florida estate attorneys for a free case review. The death of an individual in Florida automatically creates a legal entity called an estate that contains the individual’s assets and debt responsibilities.