Two Common Mistakes in a Florida Estate or Probate Trial: a look at Florida probate trials

Ready for trial?   Are you involved in a Florida probate or a Florida estate or trust matter, such as a lawsuit, controversy or a “contested” petition for administration?   I’m sure your probate litigator or estate lawyer has told you all about what to expect at a Florida probate trial.  A lot of work goes into preparing for a Florida estate trial.  Many very good Florida estate trial lawyers or probate litigators provide excellent service throughout Florida, from Ft. Lauderdale to Weston and Parkland, up to Boca Raton, and all the way up to Palm Beach.  Beware of two common mistakes that may be made by those who are not familiar with Florida probate trials or when a Florida beneficiary or Florida heir litigates in a Florida estate or probate.  But first, it may be helpful to remember that to win at the probate trial, you have to succinctly argue to  a probate judge that you are right:  you have to demonstrate what the facts are in the Florida estate or trust, and then apply Florida probate law or Florida estate law to those facts. From the facts and the application of Florida law, a probate judge will make findings of fact and draw conclusions of law. So, if you are seeking estate damages for money, brokerage accounts, IRAs, Florida real property or other assets of a dead Florida resident, or a Florida trust, consider that you actually have to prove that whoever you are suing caused the damage that you incurred.  Causation is very important.  It doesn’t matter if the person you are suing in a trust lawsuit in Broward County, or a probate disupte in Palm Beach County is a bad person.  It doesn’t matter if your dead father left everything to a girlfriend he knew for only one year and she didn’t care about him.  While those facts may assist in helping the probate court draw inferences from which the probate judge may make findings of fact, remember:  you have to prove that the person you are suing CAUSED YOU DAMAGE.  How did he or she cut your inheritance?  How did he or she over-spend estate assets?  How did he or she hurt your rights as a beneficiary to a Florida estate or Florida trust?  CAUSATION.   You need to link the bad acts of the boyfriend or girlfriend, brother or sister, beneficiary or heir, second or third wife or husband –whoever you are suing in the probate lawsuit, whoever you believe did something wrong — with your legal injury.  Probate attorneys from Miami to Stuart, Florida will tell you that if you can’t make that legal connection, you will lose.  Next, make sure you can PROVE DAMAGES.   Don’t assume that a probate judge will do that for you.  It’s the obligation of your Florida trial lawyer in your probate, estate or trust lawsuit, to introduce evidence and show with conviction, the exact dollar damage you were harmed.  Good probate trial lawyers may have a range of damages, or more than one damage scenario, for the probate court to consider, depending on what the probate court rules in your estate lawsuit.   Advocate hard. Litigate smart.