Do you know what service of process is? Florida probate lawyers may be able to dismiss a trust lawsuit for lack of proper service. If you are the family trustee and keep getting harassing lawsuits from unhappybeneficiaries you may have certain defenses that have to be asserted in the initial responses to avoid having them waived.
Waive-able Defenses in Estate Litigation
- When a Florida probate lawyer files a lawsuit against a trustee, they have to serve them.
- After that the defendant has a set number of days to respond or they could be in defaultand lose their right to defend the Florida probate lawsuit all together.
- There are certain defenses that can be waived if you do not assert them in your first response.
- Do you know what those are?
- Florida probate lawyers know that if you want to claim the Court does not have personal jurisdiction over you then that has to be done in the initial response.
- Do you know what personal jurisdiction is?
- What else has to be asserted initially?
- Florida will contest lawyers know to assert errors in service of process initially or they can get waived.
- Check out this recent lawsuit appealed in the Fourth District Court of Appeal to learn more about pleading initial defenses before they are waived.
Cepero v. Bank of NY Mellon
- This was a foreclosure appeal that centered around service of process.
- The trial court had decided that since the initial answer did not contain that argument that it had been waived.
- The case was not that simple though.
- Florida probate lawyers often will amend their responses before they are heard in Court.
- Hear the Florida attorney had amended to include that argument before the motion was heard.
- Was that good enough?
- According to the appeals court it was.
- What do you think?
Want to learn more?
Check out the entire case by clicking here.
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