Do you want to file a probate lawsuit but do not know the first thing about Florida probate litigation? You may want to make sure that you have standing to sue. In most probate courts including West Palm Beach this is called being an interested party. Not sure if you are an interested party after talking to your Florida trust lawyer? Maybe this recent appeal out of the Fourth District Court of Appeals will help.
Standing to Sue
- There is a lot wrong with this world, and the Courts cannot redress all wrongs, so how do they decide which cases to take?
- Estate lawyers in Florida know that Courts only hear lawsuits from the Parties who have standing to assert them.
- Many probate litigation attorneys refer to this as having standing or being aninterested party.
- Florida probate lawyers know that one way to for sure be an interested party is to be named in the current will or even a previous will.
- You may also be an interested party in West Palm Beach if you would take under the rules of intestate succession.
- Florida estate lawyers know that failing to have standing could be fatal to your claim.
- Are you sure that you are an interested party?
- There are also other doctrines of standing that may apply to your case.
- Probate attorneys Florida often deal with the issue of interested party but that is by no means the entire doctrine of standing.
- Check out this recent foreclosure action out of West Palm Beach to learn more.
Statewide v. Nationstar
- This was an appeal from a foreclosure action from West Palm Beach.
- This was an interesting case because one party filed for summary judgment before the other side had even answered the lawsuit.
- That is not very common at all.
- The issue on appeal was whether or not Nationstar could prove they had standing.
- The Court apparently felt they could not and dismissed the action in favor of the appellants after reviewing it on appeal.
- Florida estate lawyers know that this is just one of a million cases where standing proved to be at issue.
- One common place it rears its ugly head is when you have a probate lawsuit with uninterested parties.
Want to learn more?
Check out the entire case by clicking here.
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