SIBLING FLORIDA ESTATE LAWSUIT: recent Florida case discusses “venue” and dismissal of inheritance lawsuit
INHERITANCE LAWSUIT IN FLORIDA
Brother suing brother and sister in a Florida estate litigation case. Of course ! Florida probate litigation is a growth field. The Boston College Ctr. of wealth and philanthropy estimates that $41 trillion – – trillion , not billions – – is, right now, and for the next 20 years, passing from the WWII generation to the Baby Boomers, Gen X and Gen Y. Today, people are more apt to hire a Florida attorney , question what your mom or dad put in their Florida will or trust, sue a family member, and begin an inheritance war. It seems as if every day, brother sues sister, stepdaughter sues stepmom, beneficiaries sue a Florida executor or trustee.
A recent case out of Florida’s Fifth District Court of Appeal’s dealt with an estate lawsuit. A brother sued his two siblings claiming that they cheated him out of an inheritance. The opinion of the Florida appellate court does not say what the brother sued them over. It’s not clear if he sued them for tortuous interference with an inheritance — which is a damage lawsuit — or if he sued his siblings in a Florida probate court regarding a Florida will or a Florida trust.
Regardless, the trial court dismissed the lawsuit, finding that “venue” was improper and that a similar lawsuit had previously been filed and dismissed in another Florida County.
The losing brother took this appeal. And won. At least for now.
The appellate court ruled that if the venue was improper, the trial court should have transferred the brother’s lawsuit to the proper County, or the proper Florida court. Dismissing it was improper. The Florida appeals court, then, reversed the trial court.
When beginning a probate lawsuit, or an inheritance lawsuit, in Florida, a beneficiary, or someone who claims to have been cheated out of an inheritance, needs to know the inheritance litigation basics — more than just what you’re Florida inheritance rights are. You need to know the technical stuff – – how to enforce your estate or probate rights in Florida probate court.
Which court has personal jurisdiction over your brother and sister? Which court has subject matter jurisdiction to hear your inheritance lawsuit ? And which court, which Florida court, what County, is the proper court to hear your inheritance lawsuit?
The Florida probate rules, and the Florida probate code and trust code, along with the Florida Rules of Civil Procedure have important rules, procedures, and time frames which estate beneficiaries and family members need to know about. Don’t be a loose cannon. Hire an experienced probate litigator and choose your court carefully. Otherwise, you can end up needlessly spending money on attorneys fees and costs which you may never recover, and which does not advance your lawsuit.
FOR ATTORNEYS AND LITIGATORS
if you are interested in reading the authority for this appeals court case, please email Michelle@pankauskilawfirm.com . Note that the venue proceedings, and motions to dismiss based on personal jurisdiction, Florida’s long arm statute, a more convenient form, improper venue, are unique mini trials. Discovery is typically permitted, but constrained – – limited. There are special rules enunciated by Florida’s Supreme Court, and the appellate courts, which you need to understand and follow to prevail. And remember: you have to prove your case to win. You can’t just get in a Florida probate court and argue. Oral argument by a Florida probate lawyer is not evidence. You need to call witnesses, elicit testimony, introduce relevant evidence, documents, and present the probate court judge with facts so he or she can apply the law to your probate lawsuit.