Can You Appeal for Misconstruction of a Will in Delray Beach?

West Palm Beach probate judges are people too. That means that  occasionally there will be an error that needs reviewed, that is what Florida probate litigation and appeals courts are all about. If you and your estate lawyer in Florida are positive that the probate judge has misconstrued the will then you may want to check out this recent probate appeal from Minnesota. 

Construction of the Will

• Florida trust lawyers know that often times a will can be difficult to understand, the same goes with trust charters and trust documents.
• Probate judges and lawyers use the plain and simple meaning of words when they interpret wills, unless that would produce an absurd result.
• What constitutes an absurd result?
• The primary purpose of construing a will is to discern the testator’s intent.
• That is done by looking at the will as one whole document, read in its entirety.
• Florida probate lawyers know that when there is a misconstruction it can be hard to prove.
• How do you and the Florida estate lawyers plan to prove to the appeals court that the trial court misconstrued the will?
• Probate attorneys Florida know that although it is difficult this is not an impossible task.
• One way Florida estate attorneys learn is from prior cases.
• Whether it is a success or a failure, probate lawyers learn from the past to get better results in the future.
• Check out this case to learn more.

In the Matter of the Estate of Allard

• This was a complex probate appeal from the probate Court in Minnesota.
• All in all the case was appealed on about seven different issues.
• One big issue was an alleged misconstruction of the will.
• What does that mean?
• It means that one side feels that the Court read the will the wrong way.
• A lot of the issues centered around what to do with certain probate property.
• The problem is the high standard you have to prove on appeal.
• The construction could only be appealed if it was clearly error which the Court held here it was not.
• How are you going to prove clear error the other side in your probate lawsuit?
• Learn from these mistakes and hire an experienced Palm Beach probate lawyer for your appeal.
• Want to see how the judges made their decision?

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