If you are considering filing a will contest in Palm Beach or Delray time cannot be stressed enough. West Palm Beach probate courts do not want to reward those that wait around to exercise their rights in probate court. Did you know that will contests are subject to a ninety day statute of limitations in West Palm Beach? If you do not know how a statute of limitations or reposecan mess up your plans for a will contest you may want to read this recent case out of the Third District Court of Appeal in Miami.
Statutes of Limitations
- Do you know what a statute of limitations is?
- In West Palm Beach you only have a limited amount of time to bring most actions in Court.
- Furthermore the statute is different for each type of action so while you may have years to bring a claim for tortious interference with an inheritance you may have as little as three months to file a will contest.
- If you bring an action after the statute proscribes do not expect a hall pass from the West Palm Beach probate court.
- You may have your action dismissed.
- Experienced Palm Beach probate litigators know there are very few solutions to a statute of limitations issue, the answer is act now or be sorry later.
- That is not say that there are not situations where the statute tolls.
- How much do you know about bringing an action before the statute of limitations runs?
- Check out this case that was barred because someone could not watch the clock.
Dominguez v. Hayward Industries Inc.
- This was an action based on product’s liability when a pool filter exploded.
- The problem for the plaintiffs was not proving their case in West Palm Beach rather they lost on a statute of repose.
- The statute of repose for all intents and purposes is the same as a statute of limitations.
- The plaintiffs brought an appeal to get around the harsh penalties but it did not work.
- If you are sitting on a good case talk to a Palm Beach probate litigator today rather than ending up like these plaintiffs.
Want to learn more so that you do not end up losing on a technicality in West Palm Beach?
Check out the entire case by clicking here.