Got questions about Florida probate litigation? Here is a good one for any Florida trust lawyer, where do I file my will contest lawsuit? Does it go in with the administration of the estate or is it a separate lawsuit altogether? Estate lawyers in Florida know the rules, and any probate litigation attorney can tell you the rules vary state-to-state and sometimes even County to County for some things. Check out this case out of Indiana to see why hiring an experienced probate litigation attorney is so important.
What is a Will Contest?
- Florida probate lawyers know that a will contest is not part of the administration of an estate.
- What does that mean?
- They are actually a separate lawsuit altogether and cannot be filed in with the estate administration.
- Florida estate lawyers have to file a separate action in the local probate court to get to trial on a will contest.
- Probate attorneys Florida have experience in the rules of Court and know how and when to file a lawsuit.
- Does your attorney?
- Check out this recent case out of the Court of Appeals in Indiana to learn more.
Blackman v. Gholson
- This was an appeal in Indiana after a probate lawyer made a bit of a mistake.
- Experienced Palm Beach probate litigators know where to file the lawsuit, this attorney in Indiana listened to a local clerk who told him to do it within the administration of the estate.
- Guess what, that was not the right answer.
- The case was a separate lawsuit and should have been treated as such.
- This kind of mistake could cost you big in probate court.
- Are you sure the judge is going to give you two bites at the apple?
- Better to hire an experienced probate litigation attorney early on and make sure that your rights are secured.
- Other wise you could end up like the plaintiff here.
Want to learn more?
Check out the entire case by clicking here.
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