Can someone who is suing you in an inheritance lawsuit get access to all your emails? Put another way, can someone you are suing in a Palm Beach probate lawsuit read ALL your emails?
They Can Ask for Your Emails in Palm Beach Estate Lawsuits
- In Palm Beach probate litigation, be mindful that the Florida Probate Rules specifically permit discovery. ( I have had Boca Raton probate lawyers who don’t try probate cases ask me about the discovery which I sent to them.)
- And if a Palm Beach probate proceeding is declared “adversary” , the Florida Rules of Civil Procedure apply
- That means that beneficiaries, personal representatives, heirs, guardians and trustees can “propound” discovery upon you and make you produce documents and answer questions under oath
- It might even mean that you have to give them your personal emails
Email Discovery in Palm Beach Estates
Q: do you have to turn over all your emails?
A: maybe
- Probate Discovery has to be likely to lead to relevant information
- Your emails which are un-related to the probate lawsuit may be un-necessary
- Discovery should be focussed, “tailor made” and not overly broad
- If they ask for “all your emails” , that’s too broad
- Protect your privileges!
- If you have emails between you and your CPA, clergy, doctor, psycho-therapist or your lawyer, you don’t have to produce them although you may have to disclose their existence on a PRIVILGE LOG
In the end, get a probate litigator and not just a probate lawyer who drafts wills & trusts no matter how many times he or she says they goes to court. Ask them how many trials they personally had last year.