ARE YOU REALLY READY FOR PROBATE LITIGATION? : never mind interviewing a probate litigator, are YOU able to handle a lawsuit?

Involved, or thinking about getting involved in a will contest? A probate fight? Read on……………..

Clients are always searching for, and interviewing, attorneys, trying to find the right one.

What about you? What about clients? Are YOU ready for a probate lawsuit? Do you know what you are getting yourself into?

Consider whether you are ready to withstand a process that is draining both financially and personally. Are you ready? Can you handle it?

Consider………….

1. Probate litigation is an emotional drain. It’s stressful and frustrating. You are probably thinking that you can withstand it. And you probably can. After all, you’ll find a great lawyer, right? Of course. Luckily, in Florida, there are many very good probate lawyers from Aventura to Weston, from Ft. Lauderdale to Parkland, and throughout Palm Beach County. You’ll just need to find a tough one that actually litigates—sets matters for trial and actually tries the case. But what we find is that even for those who have been involved in litigation and lawsuits, when it comes to a family lawsuit, or a probate administration matter in dispute, many beneficiaries of estates feel that “this time is different.” Perhaps its because there is a tie between you and the person you are suing in a Florida probate court. After all, probate litigation involves a dispute about blood and money. Related by blood or marriage? Don’t let the frustration turn into too much stress.
2. Florida probate disagreements are expensive. Estate litigation, estate disputes and Florida probate fights are costly. Florida probate lawyers, that is, attorneys who handle Florida estate and Florida trust matters are well paid.   Attorney fees are often a very important factor in determining whether you file a lawsuit, defend one, settle, go to trial, or appeal. Don’t be fooled by some attorney who will take a retainer of $2500 or $5000. You are not going to get a Florida probate trial lawyer to try a case for you for that little money. My guess is that attorneys who are taking such a small retainer are not real litigators: they are very good probate lawyers in Florida who don’t try cases. If we are talking about a Palm Beach probate fight or an estate matter in Broward County, Florida, and you have a real disagreement that is going to be determined by a Florida probate court, you need a litigator. And they are not inexpensive. Are you ready to spend the money?
3. It probably won’t be enjoyable. No client ever said to me: “That was fun, John, can we work on another case together?” Most are glad when it’s over. Still, if you are determined, have the money, and are focused, then taking a stand in a Florida estate, and getting a day in court may be for you.

In the end, you will have to determine what you are fighting over. Is it money? If so, how much are you fighting over in the Palm Beach estate or the Florida trust? Quantify it. Then estimate a legal budget for probate litigation. If you can handle it emotionally, you may be ready. Just be prepared: it will be uncomfortable when you depose your brother or sister or whomever you are suing in the will dispute or trust contest or whatever Florida probate issue you face. Oh yes, you’ll also be deposed yourself, and you’ll also testify at trial, and perhaps at one or more hearings in front of the probate judge. So be prepared to travel to Palm Beach, Broward or Miami-Dade. But you’re ready for that , aren’t you?  And don’t be surprised if the Florida probate trial attorney who you are interviewing has more questions for YOU, than you do for him or her.  Attorneys, particularly good Florida probate trial lawyers, interview clients.