Clients often think that they can use estate litigation Florida to harass family members during the probate administration process. So what happens when a Florida probate lawyer is caught using Florida probate litigation for improper motives? Believe it or not the Florida probate court will sanction Probate attorneys Florida for so called bad faith litigation. Want to learn more? Check out this recent probate appeal from Arkansas.
What is Bad Faith Litigation?
- So when is does the Court consider an action to be taken in bad faith by a Florida estate attorney?
- Florida estate attorneys have a duty to litigate based on the law and fact, in good faith.
- When a lawyer brings a claim and knows that in all fairness it has no basis in law or fact, they did not bring the claim in good faith.
- When a probate judge senses bad faith they may sanction not only the client but the Florida estate lawyer.
- Will contest lawyers in Florida know that before you throw a wrench in the probate process you better have a good faith belief that the case is warranted.
- What happens when you fail to litigate in bad faith?
- What kind of sanctions can the Florida probate court hand down to estate attorney Florida?
- Check out this recent case out of Alabama.
- Would this happen in West Palm Beach probate court?
Jackson v. Stratton
- This was part of a rather lengthy probate litigation that had already spawned one appeal mentioned in our blogs.
- You may have read the case of Stratton v. Stratton, now check out the case of Jackson v. Stratton that regards the attorney.
- The personal representative of the estate in this lawsuit alleged that the only reason the lawyer had filed a will contest was to harass her.
- Estate lawyers and probate lawyers in Florida know that is not the reason to file a lawsuit.
- What sanction did the estate lawyer get?
- The court ordered the attorney to pay $1,250 to the estate that had to defend a frivolous appeal?
- Sound fair to you?
Want to learn more about sanctions from the probate courts in Florida ?
Check out the entire case of Jackson v. Stratton by clicking here.
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