Have you asked the probate court to contest a will in West Palm Beach because of undue influence or fraud? Were you preparing for an evidentiary hearing only to find out your request was denied? You may want to see what the Fourth District Court of Appeal had to say about your right to be heard in a formal hearing.
Due Process
- Floridians have a constitutional right to due process it comes from both our federal and state constitutions- but what does that mean?
- It means that before something is taken away from you (i.e. life, liberty or property) you will have a fair hearing.
- Does that include a right to a jury? Sometimes, but do you know when you are entitled to a jury in Palm Beach probate issue?
- Even if you are not entitled to a jury you may be entitled to a bench trial (a trial without a jury) or at least an evidentiary hearing.
- Do you know what an evidentiary hearing is?
Evidentiary Hearings
- A probate court holds an evidentiary hearing when a party challenges a West Palm Beach will or estate plan.
- This type of hearing is required before a will is declared invalid.
- A judge will examine the facts and then apply the law.
- Failure to conduct an evidentiary hearing can constitute a violation of due process.
SVI Capital v. Bank of America & Turner
- When a party in West Palm Beach feels the court erred (for example by denying due process) they can appeal to the Fourth District Court of Appeal for relief from the lower court.
- In this recent case, filed April 22, 2015 (Case No. 4D14-2432) the appellant brought an appeal regarding an order granting the appellee’s motion to set aside a foreclosure sale. Appellee set a hearing to set aside the sale and only gave the other side two days notice, and the court refused to grant an extension.
- On appeal it was determined this was error as the party could not prepare adequately for their evidentiary hearing thus there was a denial of due process.
- The lower court will now have to go back and allow for an evidentiary hearing.
Palm Beach Probate
- Have you recently had a case in Palm Beach Court only to find out you were denied a hearing?
- Did the other side only give you two days notice of the hearing?
- Palm Beach Probate litigators know that notice is a crucial element of due process and that sometimes an appeal is necessary to ensure your rights are respected.
Want to learn more? I have attached a free copy of the case, simply click here.