Do I Have to Reveal My Private Financial Info in Palm Beach Estate Lawsuits ? — how much do I have to reveal ?

Uncategorized • Apr 8, 2014

Are you worried that a Palm Beach inheritance lawsuit may mean that your private financial information becomes a court record? Do you want the whole world to learn how much you are worth just because you objected to a will in a Palm Beach probate? Is the other side to a Palm Beach probate litigation case trying to “discover” information about your assets, or business or wealth? You may want to read a very recent case from Florida’s 2nd District Court of Appeal which was just handed down on March 14, 2014.

Private Financial Information in Palm Beach Probate Lawsuits

Generally, under Florida law, one side can’t discover how much you are worth pre trial
They may be able to learn about your assets after the trial if you lose
When a party who wins a probate lawsuit wants to have the final judgment of the probate court enforced, they may be able to conduct “proceedings supplementary“
The side that wins a Palm Beach inheritance lawsuit may be able to learn of your assets which can satisfy the final judgment

Your $$$ May Be Privileged

Before the probate trial, your private financial information may only be discovered if it’s likely to read to relevant evidence
Relevant evidence is considered admissable information which is likely to, or would have a tendency to, prove or dis-prove a material fact to your Palm Beach estate lawsuit
Does everyone really need to know that you have a large investment account in a Boca Raton trust company?
What if you own a successful business in Delray Beach ?
Your Palm Beach probate litigator may also be able to assert a Florida privilege known as the right to privacy, under the Florida Constitution
This privilege has also been recognized by Florida appeals courts as pertaining to financial privacy — there are cases on this

Ask the Probate Court for a Confidentiality Order

Your estate litigator in Boca Raton or Palm Beach Gardens may be able to move for a confidentiality order
This may be appropriate when information about your $$$ is relevant and “discoverable” in the Palm Beach probate matter
An example might be a family business in Jupiter, Florida which is ongoing even though the founder has passed away and the Palm Beach heirs are fighting to see who inherits it
This recent Florida appeals case is Roberts v. Alfred O. Bonati, M.D. (it is not a Florida probate case but deals with someone violating a confidentiality order)