Florida probate litigation may sometimes require testimony of people who are sick with a limited life expectancy. So how can you preserve the testimony for the estate litigation in Florida when time is of the essence? You may want to check out this recent probate appeal from Miami’s Third District Court of Appeal.
Preserving Testimony
- “Preserving testimony” is when probate attorneys Florida take a record of what someone has to say in order to use at trial / in probate court at a later date.
- It should be obvious why this is so important to Florida estate attorneys.
- But how can you get it done?
- A simple tape recording (or even video) is probably not enough for the Florida probate court.
- Florida will contest lawyers use something known as a deposition to preserve the testimony.
- In a deposition the Florida probate lawyer will ask questions while someone writes it all down and preserves the record.
- This is done for a variety of reasons in a probate lawsuit.
- For example it could just be part of the discovery process in general.
- Alternatively though it could be used to preserve testimony if someone is not going to make it to trial.
- That does not just mean if they die, what if they move outside of the country and will not come back for Court?
- Depositions are a useful tool in the Florida probate litigator’s arsenal.
- Check out this recent case to learn more.
Toomey v. Northern Trust Co. et. al.
- This was an appeal from the trial Court in Miami-Dade County.
- The parties were attempting to understand the unclear parts of a certain trust.
- One party wanted to depose two people who may not have had a lot of time left on earth for health reasons.
- In other words they wanted to preserve their testimony.
- The other side objected and had obtained something called a protective order that would halt any such deposition.
- The appeal was centered around overturning that order, which it did.
- Do you think that is fair?
Before you make up your mind you should read the entire case.
Check out a free copy by clicking here.
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