Do you want to file a trust lawsuit in Florida against an evasive trustee? Do you know what constructive service is? You may be able to serve a trustee by publication in Florida do you know how? Check out this recent case out of the Fourth District Court of Appeal to learn more.
Constructive Service
- Florida probate lawyers know that in order to get jurisdiction over the person you have to serve them.
- What does that mean?
- Usually estate attorneys Florida have to serve personally the other party through a process server.
- Florida will contest lawyers know that is not always as easy as it may appear.
- So what are the other options?
- This is where probate attorneys Florida may consider using constructive service.
- Do you know what that means?
- Florida Statutes allow those involved in Florida trust litigation to serve people without personal service.
- This is only allowed in certain instances though.
- Do you know why?
- For one constructive service may not actually give notice which may be unfair.
- Why else are Florida courts skeptical about constructive service?
- Check out this recent case to learn more about constructive service in Florida.
Boca Stel 2, LLC v. Trust
- This was an appeal that centered around constructive service.
- Do you know what that means?
- Constructive service is how Florida estate attorneys can get jurisdiction when a trustee avoids personal service.
- How can you really avoid personal service in the State of Florida?
- Some people just ignore the service processor altogether!
- So now what?
- How does one do constructive service?
- One way to constructively serve someone is to publish in the newspaper.
- Florida estate lawyers know this can be tricky.
- What is the lesson from this case?
- Make sure you follow the rules on constructive service to avoid a headache on appeal.
Want to learn more?
Check out the entire case by clicking here.
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