PROVING AND DEFENDING #FLORIDA PROBATE LITIGATION WITH NON-EXPERT OPINIONS : STATE OF MIND, #MENTAL CAPACITY AND #INCOMPETENCE
In #Florida lawsuits, may a lay witness, a #non-expert witness, give an opinion about whether somebody was #competent or not ?
A recent #Palm Beach appeals court opinion was just issued on this issue. It is very important for #Palm Beach probate litigation, and #inheritance litigation throughout Florida. Although it was a criminal case, it dealt with the #Florida evidence rules.
#ESTATE LITIGATIOIN AND #WILL CHALLENGES
Throughout #Palm Beach County, Florida and #Broward County probate court, #inheritance litigation, and #challenges to a Florida will have risen.
Proving and defending #estate lawsuits turn on a number of issues, including #Florida evidence.
MEDICAL RECORDS AND #EXPERT OPINION IN #WILL CHALLENGES
In #estate lawsuits, the #state of mind of the person who made the #Florida will is often central to a #will challenge.
If you #challenge the will, the person’s ( who made the will) #mental state — whether they were #competent, or not – – – is important.
Q: Was someone suffering from #dementia?
Q: Did mom or dad know what they were doing when they supposedly #signed their will ?
Q: Were mom or dad #incompetent when they signed their #Florida will ?
In a #Florida will challenge, the #medical records of the #Florida resident who passed away are often produced in the #discovery process before the #probate trial.
Many times, #estate litigators will consult with a #medical expert to render an opinion about the decedent. Much of this #will challenge litigation occurs in #probate courts from #Fort Lauderdale, Florida to #Delray Beach, Florida.
What this recent #Palm Beach appeals court case suggests is that a lay person, a nonexpert, a non-doctor, may render an opinion about someone’s state of mind.
This is an important #Florida evidence case for #estate litigators because many times friends, relatives and neighbors can be #fact witnesses, but they may also be able to give an opinion about someone’s mental state.
FOR REFERRAL SOURCES, LAWYERS AND LITIGATORS ONLY
We help you with Florida estate and trust administration and trials, and #probate appeals.
Our #Florida probate law firm :
- does not prepare estate plans
- does not draft wills and trusts
- does not steal your clients or your probates
Our #West Palm Beach, Florida #probate litigation firm :
- hands your clients back to you at the conclusion of the #Florida matter—after all, they are YOUR clients
- we try cases & handle appeals
- our practice is restricted to #Florida probate disputes & contested guardianships
- we work with you on #Florida estate administration, #Florida probate
- we litigate for and protect beneficiary rights
- we represent #Florida personal representatives or executors, and #Florida trustees
- we receive approximately 95% of our clients from other lawyers
- we take contingency fee cases.
Who are we? Our firm is comprised of
- serious Florida litigators, with an outstanding reputation in our legal community
- focused probate lawyers,
- experienced paralegals and support staff.
We have been involved in high profile, nine figure, multi-million-dollar #Florida estates, including Madoff matters, old # Palm Beach money and complex trusts and multi-party #Florida probates. We also handle “small” or “simple” matters. All we do is litigate and help you with #Florida estate and trust administration. #Tortious interference with an inheritance and allegations of #undue influence, and #will challenges and trust challenges are a unique subspecialty of the law. Does your client know which ones to file, when to do that, and why? Do you know the different ways to prove each case? How about quantifying or assessing damages? It would be our pleasure to work with you and to serve your clients. For a complete copy of this very recent legal opinion please email michelle@pankauskilawfirm.com.
John Pankauski, www.johnpankauski.com, is the author of The Trustee’s Book – An Individual’s Guide To Money, Misfits, Marriages, and Mismanagement, and the upcoming The $41 Trillion Inheritance War. He is an estate and trust litigator in West Palm Beach, Florida, www.pankauskilawfirm.com and has been featured on the CBS Evening News, in The Wall Street Journal, MarketWatch, NBC, ABC and Fox networks.