Personal jurisdiction is an important factor in most probate litigation cases. After all, if you are trying to resolve a will contest or a claim to a POD bank account or creditor’s claim, estate lawyers in Florida need to comply with due process. Getting everyone in front of the Palm Beach probate judge is perhaps thefirst important hurdle. And it’s not always as easy as you think. Now, remember that the Florida estate laws changed over the last year or so, where many more legal “actors” can now be subject to the jurisdiction of a Florida court, including a probate court, by virute of their work with a decedent, a trust, or the creator or trustee of a Florida trust such as a revocable trust. A November 4, 2015 4th DCA case deals with non residents and personal jurisdiction:http://www.4dca.org/opinions/Nov.%202015/11-4-15/4D15-107.op.pdf
Is Personal Jurisdiction Important to Estate Lawyers Florida?
- So, lets be clear, when you are running a Palm Beach probate or estate, and it’s theONLY probate of the deceased person, personal jurisdiction is less important for dividing up the estate and giving away an inheritance
- After all, if you want a share of the estate, the probate court which is handling the probate has exclusive jurisdiction to divide up the estate, determine rights, and give away, or not give away, inheritances
- That same Palm Beach probate court also has the ability to determine whether your claim is valid or not, and whether you, for example, may be paid for a claim or a debtowed to you from the estate or the deceased Florida resident
- But what if the estate needs to file a lawsuit against someone for something that happened to the deceased person here in Florida?
- And the defendant is a non resident of Florida?
- When the defendant does not live or reside in Florida, that’s when probate litigation law firms West Palm Beach start discussing procedural issues such as venue andpersonal jurisdiction
- Can the personal representative of the Florida estate sue a non Florida resident andmake the non Florida resident come to Florida to answer the lawsuit in probate court or civil circuit court?
- Or, does the probate lawyer in Florida need to hire an out of state litigator to sue the defendant where the non resident defendant lives?
- Consider how to file a motion to dismiss based upon lack of personal jurisdiction, including what you need to know from the Florida Supreme Court case of Venetian Salami Co. v. Parthenais, 554 So. 2d 499 (Fla. 1989)
- One of the most important, perhaps, points to allege, or to insure that the facts support is: did the defendant committ a tort or personal wrong in the state of Florida?