Bresky Law Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court

October 25, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of a trustee’s attempt to take a probate proceeding to the Florida Supreme Court. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated the probate case as personal representative of the estate. Our client later initiated a separate...

Bresky Law Obtains Dismissal of Trustee’s Appeal for Lack of Jurisdiction

July 10, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of an appeal of an order in a probate proceeding. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated a probate case as the personal representative of the estate. Our client later initiated a trust case alleging breach...

Bresky Law Helps Lawyer Pursue Fees for Services to Guardianship

May 10, 2017 Bresky Law recently obtained reversal of two crucial rulings in an order on three petitions for compensation filed by a lawyer who had represented a guardian. Bresky’s firm also helped the lawyer obtain an unconditional award of entitlement to appellate attorney’s fees. In the trial court, the lawyer had submitted three petitions for...

Bresky Law Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter

Bresky Law Helps Father Obtain Co-Guardianship of Developmentally Disabled Adult Daughter Bresky Law recently assisted a father and his trial counsel in obtaining co-guardianship of the father’s developmentally disabled adult daughter over the objections of his ex-wife. Our client’s ex-wife, who is the girl’s mother, filed a petition for guardianship of their daughter without providing...

Bresky Law Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets

Bresky Law, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in a dispute over the interpretation of language in a property settlement agreement (“Agreement”). The Decedent entered into the Agreement as part...

Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal

Bresky Law Obtains Reversal and Remand on Rehearing in Emergency Temporary Guardianship Appeal In August of 2013, the Fourth District Court of Appeal (“Fourth DCA”) clarified a crucial point of guardianship law: the time at which the trial court must appoint counsel for an alleged incapacitated person when the court finds that a guardian needs...

Bresky Law Obtains Disqualification of Judge in Guardianship Case

Bresky Law Obtains Disqualification of Judge in Guardianship Case Bresky Law recently prevailed in an original proceeding, a petition for writ of prohibition, to prevent the trial judge from presiding over further proceedings in a guardianship case where our client is the spouse and designated healthcare surrogate of the ward. The American judicial system is built...

Unauthorized Practice of Law Order Reversed; Colorado Attorney’s Professional Reputation Vindicated

Bresky Law recently won reversal of a trial court’s erroneous order finding that our client/Appellant, a Colorado attorney, engaged in the unauthorized practice of law. The Appellant had a broad power of attorney (POA) relating to the financial affairs of a man that he represented in Colorado. That man's mother later initiated a guardianship...

Undue Influence Argument Is Undone

Bresky Law recently won an affirmance of a final judgment in our client’s favor in an appeal involving a trust amendment. Our client’s remaining living sister brought a lawsuit against our client contesting the trust amendment their deceased sister had executed in favor of our client. Our client’s remaining living sister argued that our...