1-561-514-0900 FREE CONSULTATION

Want to Get Into a West Palm Beach Probate Case that You’re Not a Part of, Consider Filing a Motion to Intervene

Uncategorized Aug 3, 2015
post about Want to Get Into a West Palm Beach Probate Case that You’re Not a Part of, Consider Filing a Motion to Intervene

Are you expecting a future interest in trust or other property?  Wondering:  how can I be a part of that  Palm Beach probate or estate?  Has someone foreclosed on a major trust asset? Do you now about your rights to intervene in West Palm Beach as a necessary or interested party? The choice may be up to the judge, but with proper preparation you can make the decision much easier on him, learn how and check out this interesting case out of the Fourth District Court of Appeal.

West Palm Beach, Florida Probate Intervention

  • Intervention is a measure that is allowed in West Palm Beach whether you are in probate court, civil court, you can even bring it up in Federal court although different rules may apply.
  • Do you know how to intervene in a probate litigation lawsuit?
  • Intervention is your way of telling the court that whatever they do with that property you may be affected.
  • Thus you may have a right to “intervene.”
  • Do you know how long you have to file a motion to intervene?
  • Do you know if it helps if one party joins your motion?
  • What will you need to put on such a motion for it to be successful?
  • Experienced West Palm Beach probate litigators know that often times you may not be getting paid of a piece of property now but that you may have a future expectancy.
  • That may mean that you have a right to intervene.
  • After all if a foreclosure is improper that is going to change your position materially right?
  • If your intervention is refused you may have grounds to appeal.

De Sousa v. J. P. Morgan Chase

  • The Appellant here was the trustee of a trust that had an interest in land being foreclosed.
  • The final order of foreclosure had already been issued though, so was it to late?
  • According to the appeals court it was not, because the denied motion was reversed on appeal.
  • Now do they may have a chance to set aside the West Palm Beach foreclosure judgment?
  • Do you know how to set aside a judgment?
  • Are you concerned that you may have an unexercised right to intervene?

Want to learn more?

Check out the entire case by clicking here.