Our society is used to customer service, if you do not like your barber chances are you will not be coming back right? Unfortunately Florida Probate Judges are not reviewed on Yelp! (atleast to my knowledge!) so you may be disappointed with a finding but you have to deal with it. What you may not know though, is that you are entitled to have court orders in writing and reasoned. A case out of Ohio that was decided on February 13, 2015 outlines how a Court must write out the basis for their decisions.
- Plaintiff’s name was Edward Schlauch and he brought an appeal against Edward Schlauch, Susan Taylor, Peg Sowers, Diane Schlauch (all his adult siblings) and his step mother Jamie Schlauch.
- The decedent had passed away on September 12, 2013 and in his will he asked that all his assets be sold and then each of his family members to get $75,000 which sounds like a great deal, to bad there was not enough money in the estate! (all the more reason he should have talked to an experienced Palm Beach Probate Attorney).
- On May 20, 2014 the appellants filed a complaint in civil court against the testator’s wifewho was also the personal representative and alleged five claims against her.
- Breach of Fiduciary Duty, Undue Influence, Intention Interference with Expectancy or Inheritance, Fraud, Constructive Trust and a Declaratory Judgment.
- The case was ultimately dismissed the court found that the case belonged in the probate court. The interesting part was that the motion to dismiss filed by one side used two rules to ask for dismissal 12(b)1 and 12(b)6 and the court was not very clear on which ground they were dismissing it.
The Appellate Court that reviewed the case highlighted how this was not proper of the higher court.
- So why do we as Florida Probate guys care about an Ohio case? Because similarly in Florida you have a right to a written order that explains what was heard and how the judge found, and to some extent why. In other words he cannot do it like in the movies and just slam the gavel saying case dismissed.
- What is the best way to protect your rights? Get an experienced palm beach probate attorney to counsel you before you make important decisions in front of the Court.
Want to read the entire opinion by the Ohio Appellate Court? Click here.
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