Has your Florida trust attorney advised that you transfer your West Palm Beach trust lawsuit to a different venue? Has a beneficiary of an estate filed a motion to transfer venue? Are you confused about the Florida laws pertaining to venue, and how they can affect your Florida probate matter? When should a transfer of venue be considered? What is required for a Florida court to grant a motion to transfer venue? Can you move to transfer a will contest in Broward County to a more conveniently located venue? If you are involved in Florida litigation regarding a venue transfer, you may want to read an April 10, 2019 Fourth DCA opinion, Cohen v. Scarnato. Venue and Florida Probate Litigation Florida attorneys know that venue is a legal term for where you can file a lawsuit. In other words, a venue is where actions or a lawsuit can be brought. Florida is the jurisdiction or “forum”, but venue refers to the county in which your probate lawsuit or trust dispute may be heard. For example, some cases can be brought in Miami- Dade County, while others can be brought in Orange County. Proper Venue Florida Statute 47.011 provides that “actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located.” Therefore, in a trust or probate lawsuit, multiple factors will be considered to determine proper venue. Courts may consider where the trustee or personal representative […]