As Personal Representatives in Florida You May Be Able to Substitute in as a Party After Your Mother’s Death
Was your sister in the middle of a lawsuit in West Palm Beach and then passed away? This may have more to do with Florida probate litigation that your Florida trust lawyer originally let on. You are probably going to need to appoint a personal representative and to substitute out the parties. Does your estate lawyer in Florida know how to handle this?
Substitution Upon Death
- Just because someone dies does not mean their rights are extinguished.
- Florida estate lawyers know that a party who has a right in life usually has that right in death as well.
- Florida probate litigators will have to help you set up an estate and name a personal representative.
- From there probate attorneys Florida can help you litigate the case but you as the personal representative will be the new party.
- Contrary to what you may think, you and your Florida estate lawyer will not need to file a new lawsuit.
- Rather you can substitute the plaintiff as a new party this is known as “substitution of parties” in West Palm Beach.
- If you are unsure what to do just talk to a Palm Beach probate litigator.
- Florida estate attorneys can also just help with the probate side and allow other Florida litigators to stay on the case, it is up to you.
- Do you know how to substitute parties?
- Once you have the personal representative appointed it is rather simple to file the motion in West Palm Beach Court.
- Then what?
- To learn more check out this recent appeal from the Fifth District Court of Appeal.
Sanks v. Ameriquest Funding
- This was a simple foreclosure matter from the Fifth District Court of Appeal up North of West Palm Beach.
- One party had lost following a bench trial (a trial by judge, without a jury) and as a result had his property foreclosed on.
- On appeal the appellant tried to stop this harsh remedy but was unable to.
- The Court did grant him some limited relief but the important part here was also that it noted that the style of the case was wrong.
- What is the style of a case?
- That is the part at the top that lists the parties.
- See one plaintiff had been substituted but it was never noted.
- This will hopefully be remedied after the appeals court noted same.
Want to learn more about how to substitute out parties in West Palm Beach probate litigation?
Check out the entire case by clicking here.
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