What do probate litigation lawyers Florida need to know about expert testimony? December 1, 2015 1st DCA appeals court opinion

Uncategorized • Dec 25, 2015

So, let me guess: you are in the middle of a will contest Florida or a trust challenge Palm Beach Gardens, and your probate litigator Florida is talking to you about evidence and the need of expert testimony at your estate trial. Or, perhaps you are in the middle of a trust lawsuit and your trust lawyer Florida is suggesting that you bring in someone, to offer expert testimony, on fiduciary duties, the Trust Code or Chapter 736 F.S., and what a proper trustee should have done under certain circumstances. Is an expert witness necessary in your estate lawsuit, or does it make sense to have an expert testify about matters in your Palm Beach probate matter? The2nd District Court of Appeal in Florida recently discussed the use of an expert witness in an appeals case known as Taylor v. Culver, not a probate case, but you can read this Florida appeals opinion at 40 Fla. L. Weekly D2654 or by clicking on this link to the 2nd DCA appellate opinion: https://edca.1dca.org/DCADocs/2014/4444/144444_DC13_12012015_102855_i.pdf.

Should I Have A Board Certified Appellate Attorney File My Probate or Estate Appeal Florida?

Appeals attorneys Florida know that the best offense you can have is to have anappellate attorney present at your inheritance trial
Why?
Well, if you have to file a notice of appeal, or if you have lost your trust lawsuit Florida, or perhaps you were over-ruled on an objection, or were prohibited from getting some important facts or opinions into evidence, then might it be a bit late for an appellate attorney….
Perhaps…..sort of?
Why?
Well, good probate litigation law firms Florida have, or may consider having, a Florida Bar Board Certified Appellate attorney present at trial
Why? For good offense, that’s why, and…….
To consider the possible appeals, and appellate issues, that may occur post trial: e.g. if you lose your Florida will contest, or, perhaps, even if you win your Florida trust challenge lawsuit
Ask any Florida estate lawyer, and they will tell you that they like an appellate attorney present at trial or discussing trial strategy BEFORE trial
Many, or perhaps most, probate law firms West Palm Beach will be upfront and honest, and say that their clients get good value for their legal dollars when smart minds areanticipating a potential appeal: at or before trial, not just after you win your trust lawsuit, or after the other side files an appeal of a will challenge or tortious interference with inheritance case
Won’t you need a medical expert to testify about medical records in your will contestdementia lawsuit Florida?
Can an expert help you with your undue influence will challenge Delray Beach, Florida?
What about lack of capacity if you claim that mom or dad did not know what they were doing when they signed their will or revocable living trust?
Who will help the probate court understand your mom or dad’s mental capacity orcapacity or dementia or medical records and Alzheimers or medicines when you have a will challenge lawsuit?

What do I need to know about expert testimony in Florida probate?

Why in the world would a family member or heir at law or disinherited beneficiary of an estate Palm Beach need an expert?
After all, didn’t you already hire an estate lawsuit lawyer Palm Beach?
Sure, but estate probate litigators Florida can’t testify, they can only argue
So, what opinions or facts do you need the probate court to consider?
And how do you get those facts or that evidence in?
Well consider an expert to hire to provide expert testimony for your will challenge orguardianship case or trust lawsuit Boca Raton
You can read this recent Florida appeals case on expert testimony to learn how an appeals court reviews a trial court’s ruling on whether or not to exclude an expert from testifying
That’s right, what do you do with your estate lawyer Florida if the court WON’T let your expert testify?
Put another way, what if your expert is objected to and the court sustains that objection; or your expert is otherwise prohibited from testifying?
Read the Florida evidence code, not just the Florida Probate Rules
Ask yourself if the court abused its discretion to prohibit your expert from testifying in your estate lawsuit

Are You Interested in Viewing Free Florida Trust, Probate & Estate Videos?

- Finally, do you want to see free Florida trust, Probate videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law videosfrom a private, Florida estate & trust video library?
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos at this online Palm Beach estate & trust video library.
- Watch short, concise Florida probate videos for free here at this link:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml