Probate Lawyers Can Only Bring a Probate Lawsuit in Your Name, If You Are An “Interested Party.” What is an Interested Party Though?!?

If you have consulted a Florida probate lawyer about estate litigation in  Florida the term interested party may have come up, a number of times and ways. But what is an interested party in a Florida probate litigation lawsuit? Check out this recent case out of the Appellate Court of Illinois to learn more. 

Interested Parties in Florida Probate

• Probate attorneys Florida know that not everyone can file a lawsuit.
• In order to file a probate lawsuit, estate attorneys in Florida must show that their client is an interested party.
• Interested here does not mean what we usually mean.
• Whether or not you find the work of your Florida estate attorneys boring is irrelevant.
• An interested party is one who can benefit (or loss) from a probate lawsuit.
• Common examples are beneficiaries and heirs.
• Will contest lawyers will tell you though, you do not have to just be listed in one will to be interested.
• If the estate attorney Florida is able to win the case and the will is thrown out then the estate may succeed by intestate succession, so an heir not named in the will could be an interested party.
• Talk to Florida estate attorneys in person to learn more.
• Also for a quick and dirty guide to interested parties you can check out this recent probate appeal from Illinois.

Trzop v. Hudson

• This was an appeal from the Appeals Court in Illinois after a trustee moved to dismiss a probate lawsuit.
• The eliminated beneficiaries of a trust brought an action against the remaining beneficiaries alleging undue influence and tortious interference.
• The trust’s trustee moved to dismiss the action.
• On appeal the Court noted, as things were, the trustee was not an interested party.
• Experienced probate litigators know that this is fatal to a motion.

Want to learn more?

Check out the entire case by clicking here. 

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