Why in the world would a trust beneficiary or an estate beneficiary of a Palm Beach probate ask their probate litigation attorney to have a judge disqualified? Under what circumstances would a probate judge in Florida disqualify himself or herself from hearing a will contest trial Florida? Well, a November 24, 2015 Florida appeals court opinion gives probate beneficiaries and estate lawyers in Florida more insight into how a judge may be disqualified from hearing a case or trial, and under what circumstances should a probate judge be removed from an estate trial. This Florida 5th District Court of Appeal case of Rivera v. Bosque can be read for free at this link: http://www.5dca.org/Opinions/Opin2015/112315/5D15-3755.op.pdf. Note that this case was not a probate case but it nonetheless provides important insight for estate beneficiaries and Florida trust lawyers who handle trust trials and who try to revoke a revocable trust Palm Beach.
Why Would a Probate Lawyer Florida Want a Judge Removed from a Probate Case?
- Why in the world would a probate litigation attorney ask a judge to remove themselves from a Palm Beach probate trial?
- After all, when you ask a judge to remove himself or herself, to disqualify themselves from conducting a trial, you are basically telling the probate court judge in Florida that you don’t trust them
- In that instance, the Florida estate attorney is telling the court that they believe the probate judge is NOT capable of being fair, and impartial
- Does this make sense?
- After all, judges are supposed to be fair, and impartial, and should have the legal temperment and ability to put bias aside, and decide an estate inheritance lawsuit Florida on the merits, based on the facts introduced at trial, and upon applying Florida probate law and the Florida probate rules.
- One recurring mistake that a lot of heirs at law to Florida probates make, and alsobeneficiaries of Delray Beach estates, is to immediately jump to the conclusion that the probate judge is biased or not impartial
- This is often the case when a trust beneficiary’s Florida probate lawyer “loses” a hearing or a ruling after an evidentiary hearing
- But, it’s the job of the judge to call balls and strikes, to call ’em like they see ’em
- An experienced probate litigation attorney will tell you that you don’t win 100% of your hearings, estate trials or cases
- Probates in Florida, where disputes or lawsuits are involved, are very fact specific
- To learn more about the Florida legal requirements, or standards for when a probate court judge may be disqualified or removed, read the opinion from the 5th DCA
- When should you ask a judge to disqualify themselves and under what circumstances can you win a motion to disqualify a Florida probate judge?
- Read the opinion
- For you Florida estate lawyers who do not handle Florida trust or probate appeals, consider this opinion in light of the writ of prohibition which was sought at the appellate court in Florida