Florida Estate Lawyers and Probate Litigation Involving Contesting a Florida Will
Who can contest a will in Florida? What is an interested party in Palm Beach County trust and estates litigation? Do I have standing to file a guardianship or probate lawsuit? Can a probate litigator West Palm Beach help me to understand my rights?
Contesting a Will in Palm Beach
- Florida probate lawyers know that in order to bring a will contest you have to be what probate courts call an interested party.
- What does that mean?
- It means that in Florida probate litigation you need to have standing to sue.
- Unsure if you have standing to sue?
- Check out this recent Texas appeal involving a will contest.
Valdes v. Robinson
- Even though this is a Texas case, it will prove to be useful to you if you are involved in a Palm Beach estate lawsuit.
- This case involved the death of a mother in 2008, her twelve children, and the attempt to have a 1997 will admitted to probate and, in the alternative, a 1988 will admitted to probate.
- What’s interesting here is that it involved a number of people who were beneficiaries under two different wills.
- Who had standing?
- What does this mean?
- Who could participate and contest the will?
- Who could participate in the estate proceeding to attack the will or file the will contest?
- The Texas court said that you have to be an interested person.
- Being an interested person is a requirement in Florida probate litigation just like in Texas.
- This makes sense because, with any probate legal proceeding, people should have a connection to the decedent, deceased person, or the estate.
- In this case, when grappling with who was an interest person, they looked at four parcels of real estate that were deeded at a time when mom may not have had capacity.
- This was evidenced by the deeds being overturned.
- If a deed was overturned for lack of capacity in the same time frame a will was signed, probate litigators Delray Beach are likely to wonder whether the will is valid.Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml