Formalities matter in Florida probate litigation. Has your Florida trust lawyer followed all the specific rules to make your trust or probate documents valid? Estate lawyers in Florida know that these small details matter. If you do not believe me, just check out this recent case out of West Palm Beach where a bank could not foreclose because it failed to get a few signatures on one piece of paper. The details matter in West Palm Beach probate.
The Devil is in the Details With Probate
- Probate litigation attorneys are in the business of getting their clients what they want, if it is allowed by the Rules of Probate and Rules of Court.
- Florida probate lawyers know that one way to do that is to look at failures of other Florida estate lawyers.
- Why am I bringing this up?
- If your brother or sister does not like that you were chosen as personal representativeof the Delray Beach estate then they may take advantage of the fact that the will has some small issues.
- For example is it missing a second attesting witness?
- Never mind that the probate clerk will not accept it, you are also opening the entire estate up to Florida probate litigation.
- That is why, the devil is in the details.
- You have to get it right or you will pay for it later.
- Probate attorneys Florida are always looking for ways to challenge a will when their clients do not like its terms.
- Do not give them the chance.
- Don’t think one little signature matters?
- Think again.
- Check out this case out of the Fourth District Court of Appeal to learn more.
Calvo v. U.S. Bank
- This was a foreclosure case out of West Palm Beach.
- Why does this matter for Florida estate attorneys?
- Because it proves, the devil is in the details.
- The bank lost on appeal and do you know why?
- They forgot to get a signature!
- The note at issue had been transferred from lender to lender but they forgot to endorse it (i..e sign it over).
- As a result they lost the right to sue on appeal.
- Do you think that is fair?
- Regardless of how you feel remember this when preparing your estate plan in Florida.
Want to learn more?
Check out the entire case by clicking here.
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