Florida Probate Litigation: When Can you Transfer a Florida POA Lawsuit to a Different Venue?

Can you file a motion to have a trust and estates lawsuit moved to a different venue? Can you ask the probate court to transfer venue from one county to another? If a venue is inconvenient for the parties and witnesses, what can you do? What should your West Palm Beach trust lawyer know about the doctrine of non conviens? What if you sue someone from out of state or from a different city? Probate attorneys know that, if you sue someone who lives out of the state or country, they may argue that the Florida court lacks personal jurisdiction over them, or that, another state is more convenient for litigation. Can you really have a trust and estates lawsuit dismissed based upon “convenience?” A July 26, 2017 Fourth DCA opinion thoroughly discusses the doctrine of forum non conveniens and a motion to transfer venue to a different county within Florida.

Here, the law firm that drafted a 2002 POA for the decedent filed an action in Broward County seeking a declaratory judgment that a 2002 POA was valid as “freely and voluntarily executed” by the decedent, with the requisite capacity and ” free from duress, coercion, and undue influence.” The decedent’s three daughters were named as the defendants. The daughters filed an amended motion to transfer venue from Broward County to Seminole County. Two of the daughters reside in Seminole County, which is over 200 miles away from Broward. The other daughter resides in Brevard County, which is more than 135 miles away from Broward. Furthermore, the decedent lived and died in Seminole County. Her affairs were handled there until her death. The decedent’s Florida estate was in probate in Seminole County, and that is where the decedent’s property is located. Also, other witnesses who could offer valuable testimony were located in Seminole County. The law firm argued that, at the time they filed the lawsuit, one of the daughters lived in Broward. Despite the compelling evidence proving that Seminole County would be a more convenient forum, the trial court denied the daughter’s amended motion to transfer for improper venue or forum non conveniens. Did the 4th DCA agree? To read the entire case, click here.