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What Happens After the Statute of Limitations Runs in a Probate Lawsuit?

Uncategorized Nov 18, 2015
post about What Happens After the Statute of Limitations Runs in a Probate Lawsuit?

Are you currently considering filing a probate lawsuit in West Palm Beach?  Make sure to pay attention to deadlines and the relevant statutes of limitation. Courts may lose jurisdiction over matters when you wait too long. Check out this recent appeal from the Fourth District Court of Appeal to learn more. 

Time Limits and Statutes of Limitation

  • Time limits are important when it comes to probate lawsuits. 
  • Failure to follow a time limit could mean that your case is lost, forever.
  • For example did you know you may have as few as ninety days after a notice of administration is circulated to file a will contest?
  • Also in order to appeal a decision you need to file a notice within thirty days.
  • These are short time limits to say the least.
  • If you think being off by one or two days is not a big deal think again.
  • Would you let the other side slip by and bring a suit if they missed the deadline by one day?
  • If so you are nicer than most.
  • Sometimes the Court lacks jurisdiction after a time limit expires.
  • In that case there may be little to no relief but to be sure you will want to talk to an experienced Palm Beach probate attorney.
  • Want to see what it looks like when the Court cannot do anything because it lacks jurisdiction?
  • Check out this recent case out of the Fourth District Court of Appeals.

PLC v. Amtrust

  • This was an appeal following a final judgment of foreclosure.
  • The trial court had to determine a final amount due and owing but there was one problem they lacked the jurisdiction to do so!
  • Do you know why?
  • Because the other side had missed a time limit and did not file before it expired.
  • On appeal the court noted that the trial court’s order could not stand as it lacked jurisdiction.
  • See what happened here?
  • Even if the trial court wanted to help it could not- it lost jurisdiction when time ran out.
  • Do not let this happen to you.
  • If you do not know all of the applicable time limits for your probate lawsuit that is ok, talk to an experienced Palm Beach probate litigator today.

Want to learn more?

Check out the entire case by clicking here.

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