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Motions to Dismiss Could Help Keep You Out of Florida Probate Court, With the Help of an Estate Lawyer

Uncategorized Dec 4, 2015
post about Motions to Dismiss Could Help Keep You Out of Florida Probate Court, With the Help of an Estate Lawyer

Are you going to trial for a West Palm Beach will contest?  Florida probate litigation can get intense once trial comes along and the other side may make a fatal mistake – failing to prove the entire case. You may be able to end the case right there without a defense, do you know how? Check out this recent case out of the Fifth District Court of Appeal to learn more. 


  • Estate lawyers in Florida do not want to have to go to trial if possible they want the case dismissed before it ever gets to the Courthouse.
  • That is why Florida trust lawyers are constantly filing Motions to Dismiss.
  • But what does a Motion to Dismiss actually test in West Palm Beach?
  • Probate litigation attorneys use Motions to test the legal sufficiency of the cause of action.
  • The question is if all the facts are proven does that amount to a legal cause of action that someone can get paid for.
  • This is one of the reasons you hire a Florida probate attorney you may be able to avoid the whole law suit.
  • Florida probate lawyers have experience with Motion practice that you simply cannot have as a pro-se probate litigant in West Palm Beach.
  • Have you talked to a Florida estate lawyer about your case?
  • Probate attorneys Florida know how to get the case wrapped up quickly, and if there is a way to get it dismissed they will file the appropriate papers.
  • Check out this recent will contest out of the Fifth District Court of Appeal to learn more.

Luciani v. Nealon

  • This was an appeal from a dismissal of a will contest in Florida probate court.
  • The parties had actually gotten to trial so how was there a dismissal?
  • Florida estate attorneys know that motions are not just for before trial they are also useful, at trial.
  • Here the defending party’s probate attorney noted to the Court that there was no way the plaintiff could prove their will contest.
  • There was some question on appeal as to the proper legal standard as applied but at the end of the day even the appeals court noted, no one could have sided for the plaintiff.
  • That saved the defendant a lot of money – days of trial were cut off as they were not required to put up a defense.
  • See how motion practice can pay off in the long run?

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