PROBATE LAWSUIT TRIAL TIPS: testifying at a Florida probate trial

Are you involved in an estate lawsuit in Florida?

Ready for your Florida probate trial? If so, are you prepared for trial and ready to testify?

Testifying in a Florida probate court is important. Whether the Florida estate that you are involved in is located in Palm Beach Gardens, Florida or Ft. Lauderdale, FL, this is your one shot (probably) to tell your side of the story.  It’s important to get it right.

Many beneficiaries of Florida estates have good probate lawyers. Many heirs or family members who are involved in a disputed estate matter will hire trial lawyers whose practice is limited to probate litigation, or trial work regarding wills, trusts, estates and inheritances. As we all know, blood and money don’t seem to mix well. It’s common that brothers and sisters and second spouses and adult children from the first marriage don’t get along: you fight over that bank account in Boca Raton, Florida, or the brokerage account in Aventura. Can’t agree on the mansion in Parkland, Florida? You’re not alone. So, if you are litigating an inheritance issue in Palm Beach County or Broward County, you are eventually going to to get your day in court. Are you ready? Here are some tips for Florida probate beneficiaries who may be called to testify in their inheritance lawsuit in a Florida probate court.

1 Be ready (prepared). Prepare and practice. Know what points you need to make: what testimony you want the probate court to hear. Practice with question and answer sessions and a mock trial setting with your Florida probate trial attorney.

2 Be rested. Get to bed early the evening before your estate trial. Clear your schedule the day before trial and each day of trial. Don’t stay up late cramming.

3 Be responsive: give a straight answer. If the question requires a “yes” or “no” answer, give a “yes” or “no.” Otherwise, you run the risk that you sound like you are being evasive or uncooperative, which can hurt your credibility. Probate judges don’t expect everything that comes out of your mouth to be amazingly helpful. No one expects that everything you testify to will help your case. The facts are the facts. Not every case has facts which help your case 100%. It’s better to acknowledge how some facts may not assist you, or could even hurt your probate lawsuit, and then have a plan to deal with them: and explain those facts to the probate judge with understanding and clarity. Be direct and responsive. Answer the question that is asked, not some other question. Focus. You can explain, but focus.

4 Look at the judge when you answer questions. Probate trials in Florida don’t have juries, unless you are bringing some kind of probate tort such as fraud or the inheritance lawsuit known as tortuous interference with an inheritance. That means that a judge, not a jury, will decided your fate. The judge is going to determine whether you are truthful, and reliable, or not. You are answering questions for the benefit of the Florida probate judge, so treat him or her like the audience.

5 Be classy. This isn’t a street fight. Your probate lawsuit is very important to you: the probate judge knows this. Your estate case is also in a courtroom with rules of conduct. Don’t yell, or make sly comments. Shut up and listen when the probate judge speaks. Don’t be venomous, or rude: especially to the other side and the other side’s probate lawyer. As much as anyone, you are on trial. The probate court is going to determine what the facts are and then apply the law to those facts. Part of this process requires the probate court to evaluate you, and what you testify to. Show the probate judge that you are mature, serious, professional and focused. Your probate case depends on it.