Learn How to Contest Personal Jurisdiction in a Probate Lawsuit from This Miami Appeal

Uncategorized • Dec 16, 2015

Are you embroiled in Florida probate litigation because the beneficiaries will not leave you alone to do your work as a trustee? Florida trust lawyers know that sometimes beneficiaries will file in a convenient jurisdiction that lacks personal jurisdiction. Can you properly challenge personal jurisdiction in West Palm Beach? Check out this recent appeal from Miami to learn more.

Personal Jurisdiction

What is personal jurisdiction?
Estate lawyers in Florida know that a Court has to have jurisdiction (i.e. power) over a person.
If the Court lacks personal jurisdiction even the best probate litigation attorney cannot do much.
There are a lot of doctrines concerning when the Court legally has personal jurisdiction.
These are the kinds of thing you should discuss at length with a Florida probate lawyer before you file your lawsuit.
If you cannot get personal jurisdiction you may have just wasted money on the lawsuit.
Palm Beach probate lawyers know that often upset beneficiaries sue on the cheap.
What does that mean?
Sometimes they will just go ahead and sue in their town regardless of whether there is personal jurisdiction.
That is why you hire a Florida estate lawyer to object to the lack of jurisdiction.
How do they do that?
Check out this case to learn.

Mesa v. Bank of NY

This was an appeal from a foreclosure where there was a dispute about whether or not there was personal jurisdiction.
The existence of jurisdiction is a complex question that you should discuss with Florida estate attorneys.
If you are going pro-se there is one big warning.
Probate attorneys Florida know that you have to make a special appearance to dispute personal jurisdiction.
What is the difference between a special and normal (called a general ) appearance?
That is exactly what this case discusses.
The long and short of it is if you do not raise the argument at the onset you may lose it forever.

Want to learn more?

Check out the entire case by clicking here.

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