Personal jurisdiction is an important factor in most probate litigation cases. This is because estate lawyers must comply with due process, whether they are litigating a will contest or a guardianship matter. When do Florida courts have jurisdiction over non residents? Can a personal representative of a Florida estate sue a non Florida resident and make the non Florida resident come to Florida probate court? Probate litigators should read a recent case from the Southern District of Florida, Abromats v. Abromats, which discusses jurisdiction and the constitutionality of Florida Statute 736.0202.
Jurisdiction in Trust and Estates Litigation
- Probate attorneys know that there are certain factors that can make estate planning in Florida become confusing in regards to jurisdiction.
- Jurisdictional issues in estate planning can arise when: 1) You have worked with multiple attorneys 2) You have set up trusts in different states or countries 3)You have assets or property in different states or countries 4)You have pending law suits in multiple jurisdictions 5)You have family in other states or countries.
- Florida Statute 736.0202, a detailed long-arm statute, can answer most of your questions about jurisdiction as they relate to Florida trust litigation.
Abromats v. Abromats
- Here, a beneficiary sued his brother claiming that he had unduly influenced their mother to amend her trust for his own benefit.
- The brother who was sued had no connection to Florida other than simply receiving checks from his mother’s trust.
- Is that enough to make him have to show up in Florida court?
- Even though Florida law says it is, is it constitutional?
- Click here to read Abromats v. Abromats and find out.