Posts tagged "lawsuit"

What is an "adversary proceeding" in Florida probate?

In Florida probate, certain types of disputes are considered adversary proceedings. This designation has several implications, including that fact that the Florida Rules of Civil Procedure apply. In effect, an adversary proceeding proceeds as if it were a civil lawsuit within the probate. In particular, the parties can conduct discovery, including Requests for Production of Documents, Interrogatories, and taking depositions.

In Florida, does a Living Trust protect against claims by a creditor?

When clients ask about setting up a Living Trust (also known as a Revocable Trust), they often want to know if the Trust protects against the claims of a creditor. The answer, like many things in the law, is that "it depends." For the most part, a Living Trust is an estate planning tool to avoid probate and is not an asset protection tool to avoid creditors.

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