A Florida Probate Appeal may be your only way to get justice if you just lost on an important issue. In some instances, you MUST appeal a probate order within 30 days. Read on to learn more about this. (For a free video on a complex estate appeal, click here.) How long do I have to appeal? Most people know that you generally have 30 days to file a notice of appeal. But, in the context of estates and probates, it can be confusing. Why? Because over the last decade, there was an important Florida probate appeal rule change. (Check out the Florida Rules of Appellate Procedure). This new rule (not so “new” anymore) is rule 9.170. Why is that important ? Because, generally, you can’t appeal matters until the end of your lawsuit. And you can generally only appeal “final” orders. You know, those judgments or orders which finally determine a right. BUT, with this “new” probate appeals rule, this new change permitted the IMMEDIATE review of probate court orders. In other words, for certain rulings, you don’t have to wait until later. What that also means is that if you want to appeal a certain ruling by a Florida probate court, you MUST do so know. Failure to file a timely appeal means that, generally, you have abandoned further judicial review of that order or judgment. If an order or judgment is not appealed, then that becomes a final, “un-appealable” order. That means that you can’t later try […]

An October, 2021 probate appellate opinion reminds you about probate appeals. Can you get attorneys fees for a probate appeal? Sure ! But don’t ask the appellate court. Here is your key to getting probate appeals attorneys fees in Florida. This is particularly important if you are involved in a will contest or an undue influence case. 3 Things You Need to Read OK, so you are involved in a probate appeal. Hopefully, you had an appellate specialist at your trial. That way, you are prepared for any potential appeal. Whether you lose or win. Remember: if you WIN, the other side can appeal. One issue that you have to consider is: are you going to file a cross-appeal? And, remember, the worst time to think about an appeal is AFTER your probate trial. You need to think about an appeal BEFORE (and at) your estate trial. But, I’m sure that your Florida probate lawyer already explained all of this to you, right? So, you need to read three things when considering Probate Appeals Attorneys Fees. First, read the Florida Probate Code and determine what statute you are going to seek fees under. In Florida, we follow the “American rule”. You only get attorneys fees if you have a statute or a contract. That’s right, you can’t just “ask for” fees. You need authority. [ Hint: start by reading 733.106 and 733.609 depending on your case. ] 2nd, read the Florida Rules of Appellate Procedure so you know how to […]

Is your Florida Probate Lawsuit stuck in the mud? Maybe you are sick of sports analogies. But, consider these 5 ways to go on the “offense” for your estate case. But, you need to be ready for a probate trial. If you are not ready for a trial, maybe you should consider a “Plan B.” There is a small group of excellent trial attorneys who limit their practice. They have explained HOW THEY APPROACH A PROBATE CASE. And it’s OK that this group of Experienced Trial + Appellate Attorneys is not for everyone. You need to find the right fit. Knowledge is Power: Understanding Your Probate Case First, consider your Florida Probate Lawsuit as a whole, the facts and the law. “I can’t tell you how many times I get a call from prospective clients who want to change attorneys” says Probate Litigator John Pankauski. He advises taking a step back and getting a “30,000 foot” view. There’s two things that those new or potential clients always talk about. “First, they want to go on the offense and get aggressive. Second, they don’t know exactly how much they are fighting over.” How much are your damages? How strong is your case? How weak is your opponent’s? These are all basic questions you need hard and fast answers for. If you don’t have them, maybe you don’t understand your probate case. If you are filing a WILL CONTEST, what is the basis to attack the will? A complete and thorough analysis […]