Moving to disqualify a probate judge should not be approached lightly. Do you know what a Florida probate lawyer has to consider when making the call? What happens if the motion is denied, now what? Are you going to have to deal with the wrath of a judge you just tried to disqualify? Florida estate attorneys know what to consider when making these decisions, do you?
Disqualifying the Probate Judge
- Estate attorneys Florida should approach a motion to disqualify carefully.
- Merely getting a bad decision handed your way is not going to be enough to disqualify a Florida probate judge.
- You may be wondering what is a motion to disqualify?
- Florida probate judges are supposed to be fair, unbiased and basing their decisions on the evidence.
- Nobody is perfect though and sometimes Florida probate judges may prejudge the cases.
- Also sometimes there may be conflicts of interest as well.
- So what can an estate attorney Florida do about it?
- This is where a motion to disqualify comes into play.
- Keep in mind though, if you file that motion and lose you may be in hot water with theprobate judge who you just accused of bias.
Campbell v. Hill
- While the overarching dispute was quite complicated, the motion to disqualify and relevant papers in this probate lawsuit were quite straight forward.
- The case centered around a family dispute relating to the management of trusts created by a late oil magnate for the benefit of his children.
- The case started from alleged mismanagement of the trusts.
- At some point though parties became concerned that the judge was not impartial.
- Florida estate lawyers know that you have a right to a fair trial which includes an impartial judge.
- What constitutes an unfair judge is up for interpretation.
- Are you worried about bias in your Florida probate lawsuit?
- What are the judges going to consider on a motion to disqualify?
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