EXPERT WITNESSES IN PALM BEACH PROBATE LITIGATION: what to look for, &…. do you need a probate expert ?
How important are expert witnesses in Florida litigation? Well, The One-Eyed Witness, by Jess Wegman, of the New York Times, February 24, 2014, chronicled a man who was convicted for murder decades ago, in part because his criminal defense attorney didn’t hire a good bullet expert. The Defendant’s expert was a one eyed “expert” who was discredited at trial. Serious stuff. Not good. But what about probate litigation in Palm Beach County, Florida or Ft. Lauderdale for that matter? Q: Do you need an expert witness in inheritance lawsuits or estate trials?
Q: WHEN DO YOU NEED AN EXPERT IN PALM BEACH PROBATE LITIGATION ?
A: Limitedly.
Estate litigators from Jupiter, Florida to Boca Raton, Florida all the way to Miami, Florida, are used to considering, even hiring, expert witnesses to prepare for an inheritance trial.
- Let’s start with the proposition that the expert MUST really be an expert. He or she MUST be accomplished and recognized in his or her field: respected by peers and admired by adversaries.
- Second, the expert better be in the probate trial to tell the Palm Beach probate court judge something that the probate judge doesn’t already know.
- Experts DON’T testify about the ultimate issue in the case. None of the following: “There was undue influence whent he will was signed.”
- Experts are “umpires”: they call balls and strikes. If you find a expert who is unreasonably, decidedly, one-sided: bolt.
- Probate judges in Palm Beach County, Florida and Broward County, Florida don’t need an expert to tell them what law says. Probate court judges already know the law, or, know to read more of the law when they need to.
- The expert should be helpful to the Palm Beach probate court: to provide an opinion, a prospective regarding a specific or unique subject or area which the probate court judge may not have.
Most experienced Palm Beach probate judges, and most Broward probate judges, know when an expert in a probate trial will be helpful, and when an expert witness in a probate trial is a waste of time, and a waste of client’s money.
So, consider the following factors before hiring an expert:
- What, specifically will the probate expert testify about? Damage analysis in a trust investment loss case is an excellent example of why you need an expert to testify in a Palm Beach probate trial.
- Is this probate expert absolutely necessary? Or just a good suggestion? Ask yourself: do I need this expert in my inheritance lawsuit to win? Can I get evidence or the opinion in some other way? You may need a doctor to testify about medical records when someone files a Palm Beach will challenge , or there is a Palm Beach Will Contest, based on a claim that the person who signed the will didn’t know what they were doing: they had dementia or were incompetent.
- How much will the probate expert cost?
- How much value do I get from a probate court expert ? How much bang for the buck do I get? If I’m spending $50,000 on a probate expert on a minor issue, it may not be worth it.
PROBATE LITIGATION EXPERTS
The best Florida probate experts are outstanding: they are part of your trial and litigation team. They can assess probate damages, advise on trial strategy, provide suggestions on how to approach your probate inheritance lawsuit, how to prove or defend your probate litigation case. The experts that I’ve had the pleasure of dealing with have been nothing short of outstanding: always providing an immense benefit to me, my probate litigation team, and, more importantly, the clients. As a side note, the probate court judges should always find them professional, helpful & sincere.
WHAT DO YOU DO WHEN YOUR PALM BEACH ESTATE LAWYER SAYS SHE WANTS TO SPEND $10,000 ON AN “EXPERT” ?
Tell her you don’t want a Jess Wegman “one eyed witness.”