The Law Offices of Adrian Philip Thomas

The Probate Exception to Federal Court Jurisdiction

Sometimes it is beneficial for a party to file a lawsuit in the federal court system. This can be for many reasons: amount of damages, convenience, accelerated docket, formality, and the perception of getting fair and just treatment for out of state litigants.

Generally speaking, disputes concerning probate matters involve petitions and appeals to the state court system as opposed to the federal courts. This is for a variety of reasons, however, the one most articulated by federal court judges for refusing to hear a probate dispute is something called the federal court jurisdiction probate exception. Read the rest of this entry

FLORIDA PROBATE BLOG

  • FL Trust Dispute Lawyer

    Florida trust disputes can take many forms.  Below are some examples of causes of action that fall under the broader category “Fl Trust Dispute:” Accounting – if a beneficiary has received inadequate or insufficient information from a trustee, the beneficiary may need to formally demand an accounting to compel compliance. Removal – if a trustee [...]

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  • Florida Will Reformation

    Florida Will Reformation Can a Will be changed after death? While Florida law provides for challenges to the probate of Wills under theories such as duress, improper execution, undue influence, and incompetency, beneficiaries and other interested persons of a Last Will and Testament now have a new way to change a Will after death.  Effective [...]

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  • How do I contest a Will in Florida?

    How do I contest a Will in Florida? Our office receives communications nearly every day from people asking “how do I contest a Will in Florida?” As with most questions in the law, the answer is “it depends” and it largely depends on the basis for contesting the Will.  Is it because you know the [...]

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