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Loss of Inheritance: 5 Things to Keep in Mind

Uncategorized May 26, 2015
post about Loss of Inheritance: 5 Things to Keep in Mind

Have you been disinherited? Cut out of the will or family trust?   Do you know what your options are in West Palm Beachprobate court? Here are five things to keep in mind.

Damages.

  • Palm Beach probate litigators know that one thing people often forget in the heat of passion is that they have to prove damages. Just being upset is not enough.
  • Was the estate worth something?
  • Did you miss out on the enjoyment of something?
  • You have to prove damages.

Time is of the Essence.

  • If you want a remedy you have to file a lawsuit.
  • The law does not reward those who sit on their rights.
  • In fact you probably only have four years to file your lawsuit in Florida!

Do Your Homework.

  • Are you sure you were cut out?
  • Make sure to check up on the estate and see what is going on.
  • For example is it being administered or has the probate court stayed the proceedings?
  • A court will not look kindly on you alleging that you were disinherited when in reality the probate is just held up.
  • In fact that may spell malpractice for your Palm Beach attorney.

Make a Plan.

  • Make sure you have an experienced probate attorney that has a plan for your West Palm Beach will contest or tortious interference case.
  • Inexperienced attorneys may attack a case piece by piece but experienced soldiers attack with a plan.
  • Has your attorney explained step by step what they plan to do?
  • Possibly more importantly, how much is that going to cost you?
  • If you do not have a plan that may spell disaster for a Palm Beach probate or tort trial.

Do You Want a Jury Trial?

  • When you file your lawsuit you will have a choice between a bench or jury trial. 
  • Do you know the difference?
  • Have you considered how your case would look to a jury?
  • Are your arguments very legal and convoluted?
  • Do you think a judge will handle the matter better?