Do you know whether or not you can challenge a West Palm Beach will? Are you an interested party? Experienced Palm Beach probate litigators can tell you, in order to contest a will you will require standing. Do you know what that means? Take a look at this Fourth District Court of Appeals case where a bank was found to lack standing to foreclose on a loan. Don’t think standing matters, think again.
Standing
- Standing is a judicial doctrine, it basically means you cannot pick a fight that is not yours to fight.
- If every person in America could sue for everything that upset them personally, the world would be a different place.
- For one thing, us lawyers would be doing great!
- The court system would be wrecked though.
- As a result the courts have developed various doctrines regarding standing to sue.
- Do you know whether or not you have standing to challenge a will in West Palm Beach?
- The standard for a West Palm Beach will contest is the interested party standard, in other words you have to be an interested party.
- An interested party is someone who can benefit from the dispute.
- So anyone who would take through intestacy is going to be an interest party, do you see why?
- If they can get all of the wills thrown out, then the estate will proceed through intestate succession and they would take a portion.
- Also if you were in a previous will and want to get the newer will reinstated you may be an interested party as well.
- Do you know if you are an interested party?
Wright et. Al. v. JP Morgan Chase
- Standing comes up a lot in will contest cases but it is not common in all cases.
- For example in a car crash, it is unlikely you will see random bystanders suing for no reason.
- Do you know another common place standing is litigated?
- Believe it or not often a bank may lack standing to sue and foreclose on a note.
- Do you know why?
- Often times these notes are sold from bank to bank, bundled, and sold again.
- Sometimes in all of these transactions they somehow lose standing.
- That is exactly what happened in this case and now a couple gets to keep their house despite a default.
- See what lack of standing can do?
Want to learn more?
Check out the entire case by clicking here.