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Florida Probate Appeals and Homestead Property

Uncategorized Sep 25, 2019
post about Florida Probate Appeals and Homestead Property

When do I need an appellate lawyer in Florida? What type of appeals may you encounter if you are involved in Florida probate litigation? Did you know that the other side in your lawsuit may file an appeal if they disagree with the trial court’s decision? Why should I hire an appellate attorney who also does probate litigation for my probate appeal?

Hiring a Florida Probate Lawyer

If you are in the process of hiring a Florida probate litigation firm, you may want to look for a law firm that is experienced in both estate litigation and appeals. In the early stages of litigation, many people fail to consider the possibility of an appeal being filed. However, in the probate world, appeals do occur.

What if you win your Florida probate case and the other side decides to appeal? You need to make sure you have a powerful appellate attorney, who is also knowledgeable about the Florida Probate Rules, ready to assist.

At Pankauski Hauser Lazarus, one of the law partners, Robert Hauser, has been named a Board Certified Specialist by The Florida Bar in Appellate Practice.

Because our firm’s focus is litigation and appeals, our trust lawyers know what to do during trial to ensure that issues are preserved for appeal, if necessary. In addition, having focused trial lawyers and appellate lawyers in one firm is beneficial because you may save time and money during the appeal due to the fact that the firm is already familiar with your case. If you need to hire a separate Florida appellate attorney, that attorney will need to obtain and review all of the trial level documents before starting the appeal, which takes time and money.

Samad v. Pla

A March 15,2019 Second DCA opinion, Samad v. Pla, is a great example of a probate appeal. Here, the surviving spouse was granted an extension of time to file her statutory election to take an undivided one-half interest in the decedent’s homestead property as a tenant in common. The trial court granted this extension to her despite the fact that, according to Florida Statute 732.401(2) she filed the election untimely. The other side appealed and won. This means that the appellate court reversed the trial court’s order that granted her the extension.

To learn more about Florida probate appeals, consider reading Samad v. Pla in its entirety. To interview an experienced West Palm Beach litigation or appellate attorney, call (561) 268-0233 ext.101.