Florida trust lawyers know that probate laws differ from state to state. Before you get involved in Florida probate litigation it is important to confirm that you know the rules. In order to prove the grounds of your will contest you may find that retaining an estate lawyer in Florida is necessary. Check out this recent Ohio appeal to learn what a probate litigation attorney can do for you.
Essential Elements
- Florida probate lawyers know that all claims in Court have specific elements.
- What does that mean?
- Essentially you are not just proving a narrative to a jury or Palm Beach probate judge.
- You have to prove specific elements which when combined prove your cause of action.
- Florida estate lawyers are careful to piece together these elements to prove your case.
- It is not always easy either.
- Probate attorneys Florida pay special attention to statutes, case law and the facts of your case to make your probate lawsuit into a winner.
- Too often pro-se litigants are too focused on the narrative.
- What do I mean by that?
- I mean that while Florida estate attorneys care about the narrative, pro-se litigants tend to care only about the narrative.
- There is also a law part that has to be taken care of.
- Even the best narrative without the right legal framework will be a dud.
- Check out this case out of Ohio to learn more.
Kretzler v. Kretzler
- This was a will contest based upon fraud, duress and undue influence.
- The testator’s daughter sought to undue the will and have the probate court declare it invalid.
- The wife of the decedent was on the other side, fighting with an experienced probate litigation attorney.
- The daughter lost.
- In fact she lost twice, once at trial and once on appeal.
- The thing she lost on was that she failed to establish an essential element namely that her father was susceptible to influence.
- That is not something that is terribly hard to prove but you need to be focused on proving it.
- This is a common mistake of pro-se litigants in Palm Beach probate lawsuits, focusing on the narrative and not the law in tandem.
Want to learn more about will contests?
Check out this entire case by clicking here.
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