In Florida trust or guardianship lawsuits, what factors must a return of process indicate? In Palm Beach trust and estates or probate litigation, what happens if the return of process is invalid? What do Florida probate litigators need to know about service of process? Florida Statute 48.21 is very important as it tells us exactly what is needed to make a return of process valid.
Service of Process
- Estate lawyers in Florida know that service of process is very important.
- Back before we all could search the internet from our phones, it was difficult to get notice of what was going on in the world.
- So how would you expect someone to learn that a probate litigation attorney had been retained to file a lawsuit against them?
- Florida probate lawyers know that is where service of process comes in.
- Service of process gives notice by having an individual there, in person, to hand someone documents.
- Surely, that will put them on notice right?
- Florida estate lawyers Boca Raton know that improper service could destroy the entire probate lawsuit if not fixed.
- Probate attorneys Delray Beach avoid this problem by hiring properly trained, and often licensed, process servers.
- Florida estate attorneys still deal with the occasional claim of improper service but can usually overcome it.
- What is required for a proper return of service?
Florida Statute 48.21
- This statute indicates what is necessary for a return of service to be valid.
- Therefore, it is very important that probate litigators and trust and estates lawyers familiarize themselves with
- Florida Statute, section 48.21 requires that a return of service state the following : 1)date and time the documents were received by the process server 2) the date and time they were served 3) the manner of service 4) the name of the person who got served 5) whether they were served upon the intended recipient or another resident.
- If the documents were served upon another resident, instead of the intended recipient, the relationship between that resident and the intended recipient should be stated.
- To learn more regarding what is required for a return of process, in trust and estates litigation Delray Beach, click here to read Florida Statute 48.21.
Want to know more about Florida probate litigation? Consider these free resources:
- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml