Are you considering bringing a will contest or other probate lawsuit in West Palm Beach? Are you sure you havestanding to sue? You may want to make sure that you are considered an interested party by the West Palm Beach probate court. What other preliminary considerations should you make before you file a probate lawsuit? These are just a few, for more consult a probate attorney.
Who is an Interested Party
- You have to be an interested party in an estate or will to file a probate lawsuit.
- Who constitutes an interested party?
- If you would take under intestacy you are an interested party.
- That is because if you get the will thrown out you will inherit.
- Also if you are named under a previous will you may be an interested party under similar reasoning.
Do You Want a Jury
- You have a right to a jury trial in West Palm Beach probate court.
- The question is do you want one?
- Is your case good for a jury?
- The alternative is a bench trial.
- There the judge will act as a jury as well.
- Did you know if the other side demands a jury you may be out of luck?
- Their demand is just as valid as yours.
- Also if you demand a jury trial and change your mind, you have to get the other side to agree otherwise the jury trial stays.
- What other concerns should you have?
Statute of Limitations
- Once you are served with a notice of administration you only have a few months to file a will contest.
- Time is of the essence for any lawsuit, especially a probate lawsuit.
- Similar time limits apply if you want to elect for an elective share as a surviving spouse.
- These are just a few of the considerations to make before you file a probate lawsuit.
- For more you should consult a Palm Beach probate lawyer as soon as possible so they can investigate your case and get things in order before the time limits fast approach.
- What other considerations should you make for a probate lawsuit?
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