Cutting Corners in a Probate Lawsuit Could Be Dropping Pounds to Save Pennies.

Florida probate lawyers know that probate litigation can get expensive. Why is cutting corners never worth it? You may want to check out this recent appeal from the Fifth District Court of Appeal to learn whythere are no shortcuts to estate litigation in Florida.

Cutting Corners Can Cut You

• Part of Florida probate litigation is that you need to spend some money.
• Why?
• Because depositions of probate witnesses are not free.
• Your probate attorneys Florida and the Florida probate court likewise, are not free.
• Thus it can be tempting for clients and even estate litigators in Florida to cut corners.
• What do I mean by cut corners?
• There are infinite ways that Florida will contest lawyers may try to cut corners.
• Can you think of any?
• One way is to skimp on witnesses, including expert witnesses.
• Florida estate attorneys know that expert witnesses can cost a lot of money and that they charge per hour.
• Another expense is even just regular witnesses.
• Florida probate attorneys usually have to subpoena those parties for trial and evidentiary hearings.
• That can get expensive as each subpoena each time could cost upwards of $100 to serve in Florida.
• What about outside of Florida?
• Be careful though, is losing your whole trial worth saving $100 on one witness?
• Check out this recent case to learn more.

Helton v. Bank of America

• This was a pretty standard mortgage foreclosure case.
• Why was it up on appeal?
• The Court had made findings based off facts that were not in evidence.
• That is a complex way of saying the judge looked at papers that had not been introduced formally as evidence.
• Well, this begs the question why were they not just introduced as evidence?
• It seems like the bank forgot (or did not) subpoena the record keeper that could have testified to the documents and ultimately get them introduced as evidence.
• Now the whole case is up on appeal.
• Was it worth saving $100 to do a new trial?
• You decide.

Want to learn more?

Check out the entire case by clicking here.

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