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 appeal from the Fourth District Court of Appeals.
Interested Parties and Standing in Florida Probate
- Has your Florida probate lawyer addressed the issue of standing with you?
- Probate attorneys Florida cannot bring a lawsuit if the client does not have standing.
- Probate courts in Florida sometimes refer to this as being an interested party.
- In basic terms it is rather simple, estate attorneys Florida have to able to prove that you would have some stake in the estate.
- So what can a Florida estate attorney do if you have been disinherited?
- The law is not that cut and dry.
- For example if you inherit under a different will or under the rules of intestate succession then you may have the right to sue.
- Thus you may count as an “interested party.”
- How can you be sure?
- Talk to a Florida will contest lawyer to learn more.
- Also check out this recent appeal based on standing from a foreclosure lawsuit.
Septimus v. Christiana Trust
- This was an appeal from a mortgage foreclosure case that happened in Palm Beach County.
- So what does this have to do with Florida probate?
- Florida estate lawyers know that foreclosure lawsuits often have standing issues because of how often banks sell notes and mortgages to other entities.
- Here that appears to be the issue.
- The bank never proved it was the proper party to foreclose by showing possession of the note.
- That means a trial court cannot let the bank foreclosure.
- Here though the trial court appears to have ignored that requirement so the homeowners appealed.
- Guess what?
- They won too!
- Florida probate lawsuits can also be won on things like this.
- Are you sure that the petitioner in a Florida probate lawsuit has standing to sue you as the personal representative?
Want to learn more?
Check out the entire case by clicking here.
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