Florida probate litigation is not like a television show, a good Florida trust lawyer can only get you so far. You are alsogoing to need evidence of the undue influence in your West Palm Beach probate lawsuit. Estate lawyers in Florida may refuse your case if you cannot produce sufficient evidence to warrant a probate lawsuit. Check out this recent case out of New York’s Surrogate (i.e. Probate) Court to learn more.
Proving a Will Contest
- A probate litigation attorney may bring a will contest when there is a legitimate reason to believe that a person’s will which was admitted to probate does not reflect the actualtestamentary intent.
- The testamentary intent of that person is a fancy way of saying the way he or she wanted their property disbursed.
- Florida probate lawyers have to prove their case with evidence and there are a few hurdles to doing that in probate court.
- For example there are presumptions that there is no undue influence, the Florida estate lawyer has to rebut that.
- How do they do that?
- There are a few different key types of evidence that probate attorneys Florida will use to win the case.
- Do you know what they are?
- For one thing direct testimony is something jurors absolutely love.
- Also though, you may rely on expert testimony and affidavits to prove the case.
- Florida estate attorneys should be sure to understand the hurdles they will face when battling a will contest.
- Check out this recent probate appeal to learn more.
In re Schuman: New York Probate Lessons
- This was an appeal from a will contest in New York based on the fact that the petitioners could not establish their burden.
- Relatives had claimed that one sister had exerted undue influence over their mother.
- Boynton Beach probate lawyers know that whether or not an alleged influencer was around at the time of a will’s execution is rather important in determining undue influence.
- Here the evidence did not show the sister was around.
- Also the woman’s probate attorney testified that she appeared to understand and act within her own discretion.
- What do you think?
- Is your West Palm Beach probate case going to have the evidence you need to win?
Want to learn more?
Check out the entire case by clicking here.
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