Florida Litigation: Revocation of Probate of Will and Trust

What is Florida Probate Rule 5.270? Why should my probate litigator West Palm Beach be very familiar with this rule? What is a petition to revoke probate? You may wish to read Hall v. Hall, an April 27,2016 Third District Court of Appeal opinion.

Trust and Estates Litigation: Petition to Revoke Probate

• If you want to contest a Florida will, your probate litigation lawyer will typically file a petition to revoke probate.
•  Florida Probate Rule 5.270 is usually the starting point for trust and estates attorneys who are representing beneficiaries in a will contest.
• The Florida Probate Rules set forth a number of rules, to work with the Florida Probate Code, which tell you just about everything you need to know about filing an objection to probate, or a Florida will contest.
• Florida Probate Rule 5.270 is one of them.
• Contesting a will in Florida probate is sometimes referred to by Palm Beach probate litigation law firms as seeking revocation of probate.
• Some estate lawyers in Florida also refer to it as objecting to probate or filing an objection to probate.
• If you want to object to a will, or contest a will in a Florida probate or estate proceeding, most probate litigation lawyers in Florida will tell you to file an ANSWER to the petition for estate administration and also to file a counterclaim for revocation of probate.
• If you want to do some research before interviewing a Florida probate law firm, consider reading the probate code in Florida.
• Click here to learn about the rules for revocation of probate in Florida’s Probate Code. Here is the link to the Florida Probate Code.
• In addition, a recent Third District Court of Appeal opinion, Hall v. Hall, is worth a read.
• Here, the Third DCA affirms the trial court’s “Order Denying Petition for Revocation of Probate of Will and Trust.”
• Why?
• Click here to read the entire case.