What Does Time is of the Essence Mean in Florida Probate Litigation?

In Florida probate litigation, family disputes can often spill over into the Court’s proceedings. Be careful not to assume the Court is going to take your side on the family drama because if they do not how is that going to affect your chances of success in the Florida estate litigation? Check out this recent probate appeal from the Sixth District Court of Appeal in California to learn more.

Not Everything is Fraud

• Keep in mind that not everything you do not like counts as fraud.
• Furthermore, ask any probate attorney Florida, fraud is harder to prove that most things.
• Florida probate attorneys have to allege and prove fraud with particularity.
• What does that even mean?
• The point is you cannot assume the probate court is going to see fraud on the record just because you feel someone lied to you.
• What is the difference between a lie and fraud in Florida probate court?

Time is of the Essence

• It is also important to remember that although fraud can toll the time limits, you may not get the fraud ruling you want.
• So do not wait on your probate lawsuits Florida.
• Time is of the essence and Florida probate judges do not look kindly on those that sleep on their rights.
• Did you know that you may have as little as 90 days to file a will contest in Florida?
• What can toll that statute of limitations?

Wong v. Wong

• This was an interesting probate appeal from California.
• One son of the decedent was seeking to set aside a will that left his sister as thepersonal representative and sole beneficiary.
• What does that mean?
• It means she gets everything.
• The man had a good case too.
• Apparently, his sister showed up to take care of her mother in her final weeks, when she was unable to speak or walk.
• Magically the woman made a new will naming that sister the sole beneficiary and administrator.
• Does that sound suspicious to you?
• So why did he lose?
• Because the petitioner waited too long!
• Although he tried to allege fraud to toll the limitations, that did not work.
• The lesson?
• Time is of the essence and you cannot sleep on your rights to a Florida probate lawsuit.

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