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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7013
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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How do we invoke a chancellor in Probate Court?when someone

Customer Question

How do we invoke a chancellor in Probate Court?
when someone dies intestate, does the court create a constructive trust for the trust corpus? If so is this why equity is invoked and why there is a chancellor adjudicating?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.
Your question concerning definitions and principles of law is very general. It would require hours of research and writing and would probably end up not applying to your specific situation. Therefore, please provide the facts about the probate matter that you are currently involved in and I will provide you with a discussion of the law which actually applies to it. I look forward to assisting you.
Expert:  Irwin Law replied 1 year ago.

I see that you declined the offer of additional services. In order to Answer your question, I will need more information from you. What do you mean by "invoke a chancellor" in Probate Court? Which FL county Probate Court are you referring to? What exactly is your concern about a trust - constructive or otherwise? Testamentary or intervivos (living). You may wish to read this publication and then present me with your specific question here: http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/92f75229484644c985256b2f006c5a7a?OpenDocument

Customer: replied 1 year ago.

Dear Irwin, do you have jurisdiction to represent a complainant/ plaintiff to file bill in equity in chancery court? How much is your fees? If you can't, do you have someone trustworthy you would recommend? Will I, as a next friend file for someone incapable of filing it himself? Thank you...

Expert:  Irwin Law replied 1 year ago.
I can neither represent you nor refer you to a specific lawyer. Probate lawyers in FL and in your county may be found by researching Martindale Lawyers or findlaw.com. It is very easy to get there via Google.
Customer: replied 1 year ago.

Will you at least let me know if next friend can file in chancery court?

Thank you…. God bless!

Expert:  Irwin Law replied 1 year ago.
It would be highly unusual if that were NOT permitted. In common law, a next friend is a person who represents another person who is under disability or otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian.