Trying A Probate Lawsuit Yourself ?Overly-Litigious & Know-It-Alls Beware

Uncategorized • Mar 23, 2014

Are you representing yourself in a Palm Beach estate lawsuit ? We all know that Palm Beach probate litigation is often personal: family fueds surface when mom or dad passes away and the Palm Beach estate is divided. One child gets “more” than another, one trust is larger, one inheritance is smaller. If you are involved in estate litigation such as a Palm Beach probate dispute, here are some words of warning if you are doing it on your own without an experienced probate lawyer: be careful. There’s a big mistake, and big misconception, which “pro se” litigants can make. Here’s what you need to know……

Pro Se Litigants — what you can can expect when you represent yourself in Palm Beach estates

An estate beneficiary or heir who represents himself or herself in a Palm Beach probate is often referred to as a “pro se” litigant or being pro se.

The Biggest Misconception in Estate Trials

One of the biggest mistakes a Palm Beach beneficiary who represents himself or herself can make is to believe that a Palm Beach probate court will do the work for you. Wrong. Judges judge. Lawyers lawyer. If you want to play lawyer, you do so at your risk.
Now with that said, know that the Probate Courts from Palm Beach Gardens to Delray Beach bend over backwards to be professional and accomodating to estate beneficiaries who don’t have probate lawyers. Palm Beach probate courts have good judges who give everyone an opportunity to be heard. But they are not going to try your case for you.
Another big mistake is to believe that the Palm Beach probate court will give you a break or treat you differently than lawyers or clients with lawyers. Wrong.

Florida Judges Have No Duty to Treat You Differently Just Because You Don’t Have a Lawyer

But don’t take my words for it. As recently as December 6th, 2013, there was a high profile Florida case, not a probate case, which addressed this very issue. Here’s lengthy quotes from Florida’s 5th District Court of Appeal in the Balch v. HSBC Bank case:

The courts have consistently held that pro se litigants should be treated no differently or more leniently than litigants represented by counsel. See Millen v. Millen, 122 So.3d 496, 497 (Fla. 3d DCA 2013)
“………. ‘[i]t is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney.’ ”
“Pro se litigants, however, should not be treated differently from litigants in similar situations who are represented by counsel and are charged with knowledge of those rights.”
“In Florida, pro se litigants are bound by the same rules that apply to counsel.” (
“A pro se litigant should not be held to a lesser standard than a reasonably competent attorney because applying a lesser standard would only encourage continued frivolous litigation.”

You Can Be a Good Advocate, But Don’t Be Frivilous

Here’s another piece of advice: don’t file motions with the court just to file them. Don’t file documents with the Probate Court just for the sake of filing them, to act tough, to “go on the offense” or to play lawyer. It can come back and bite you. How?

A Florida Judge Can Strike Your Documents & Prevent You From Filing Anything Else In Your Lawsuit

If you are filing documents with the probate court which have no basis in fact or law, or are harrassing, the probate court judge can sanction you.
The probate court judge in Palm Beach or any Florida court can strike your pleadings, your defenses, your motions, your papers: your case !
So don’t abuse the judicial process.
Be focussed, fact based and argue legal theories.
If you can’t ,then hire a probate lawyer or take another path.
A probate court judge can prevent you, prohibit you, from filing any more papers. But don’t take my words: The Balch v. HSBC case said:

When a pro se litigant files frivolous law suits or pleadings in a lawsuit, the court has the authority to restrain such a litigant from abusing the legal system and prevent him from abusing, annoying, or harassing those against whom such suits or pleadings have been filed.

Florida Supreme Court Prohibits Party From Filing Papers

If you want to read a recent case from January 23, 2014, where Florida’s Supreme Court directed the clerk to not accept any court filings from a litigant, see Johnson v. Bank of New York Mellon. Here’s the link: http://www.floridasupremecourt.org/decisions/2014/sc12-840.pdf