1-561-514-0900 FREE CONSULTATION

Florida Probate & Estate Litigation: knowing when to object at a Florida probate trial

Uncategorized Oct 16, 2013

Are you involved in probate litigation in Florida?  Are you a beneficiary of a Florida estate or Florida trust in Miami-Dade , Broward or Palm Beach?  If you are involved in a dispute or Florida estate administration involving a Florida resident’s estate or trust, and you are trying to protect your inheritance rights, you may end up in trial.  Choose a Florida probate lawyer who actually tries cases and knows the  Florida rules of evidence and Florida procedure for trials and appeals—not just a Florida probate lawyer who drafts Florida wills and trusts and who goes to court now and then.  You may need a Florida probate litigator.  The good news is that there are handful of very competent, successfull Florida probate and trust litigators in such south Florida cities such as Palm Beach Gardens, West Palm Beach, Delray Beach, Boca Raton, Ft. Lauderdale and Miami, Florida.  Florida probate litigators who actually go to probate court and who attend trials.   A recent Miami case whose legal opinion was issued just days ago reminds us that failure to make an objection at trial, or to attempt to prohibit someone from questioning a witness, is something that cannot be raised at a Floria appeal:  those Florida evidence and procedural issues must be raised at the probate trial, in front of the probate court judge, in the Florida probate court, in the Florida civil action, by the Florida probate litigator. If you don’t object to a witness or a line of questions during an estate or trust dispute, you are considered to waive those evidence or procedural issues or objections:  and you can’t raise them later if there is an appeal.  You must preserve your evidence, object on the record, at trial, in the Florida probate court.  Many probate judges in Miami, Ft. Lauderdale, Delray, West Palm Beach and Palm Beach Gardens, Florida know this.   Advocate hard.  Litigate smart.