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What if I am Asked to Testify at a Florida Guardianship or Competency Trial?

Uncategorized • May 3, 2016
post about What if I am Asked to Testify at a Florida Guardianship or Competency Trial?

Are you dealing with a Florida guardianship case involving the deficient mental capacity of a person making or changing a Florida will? What if you are asked to testify in a Florida Guardianship trial? How do you prepare? Sumner Redstone, former chairman of CBS and Viacom, is in the middle of a mental competency suit and, according to an article dated May 2,2016, he will be required to testify. 

Judge is Requiring Sumner Redstone to Testify

  • If you are not familiar with the mental competency lawsuit that Sumner Redstone has been facing from his ex-girlfriend, Ms. Herzer, click here to read our original blog about it.
  • According to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
  • What does that mean?
  • At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
  • Ms. Hezer is claiming that Mr. Redstone lacked mental capacity when he changed hisestate plan. 
  • The media reports that Mr. Redstone will be required to testify for 30 minutes at his home in Los Angeles. 
  • This sworn testimony will be video recorded and transcribed but the video will not be made public. 
  • Both Mr. Redstone and Ms. Herzer’s attorneys will have equal opportunities to question Mr.Redstone. 
  • Requiring testimony from Mr. Redstone is a big deal in this case because, previously, the judge had declined to allow it because Mr. Redstone has a “severe speech impediment.”
  • What will Mr. Redstone be asked by Ms. Herzer’s attorneys?
  • How can Mr. Redstone prepare for this testimony to ensure that things go his way?
  • How will his testimony affect the lawsuit?

Testifying in a Florida Probate or Guardianship Matter

  • Although Mr. Redstone’s case is in Los Angeles and not in the Florida guardianship courts, testifying is very important to everyone involved in guardianship or probate litigation. 
  • This is because testifying could be your one chance to tell your side of the story.
  • Therefore, probate litigators Boca Raton know that it is important to get it right.
  • Attorneys who specialize in probate litigation or guardianship trials will be able to thoroughly prepare you to give probate trial West Palm Beach. 
  • How will my guardianship lawyer Delray Beach make sure that I am ready to testify at my competency hearing?
  • First, they should tell you to prepare and practice.
  • It is important to know ahead of time what points need to be made in order for theprobate judge to understand, and hopefully agree with, your side of the story.
  • You trust and estates lawyer Palm Beach may set up a mock hearing with you so that you can practice providing effective answers.
  • Your answers should, for the most part, be straight and to the point.
  • In addition, it is very important that you actually answer the questions being asked.
  • For example, if a question only requires a yes or no answer, then you should simply say yes or no.
  • Otherwise, it may seem as if you are uncooperative, which can hurt your credibility.
  • Because your Florida probate lawsuit  is very important to you, and the probate judge knows this, it is very important to be polite, respectful, and as professional as possible.
  • Lastly, make sure to get a lot of sleep the evening before you will give testimony and remember to relax!

Read full New York Times article about Mr. Redstone here:

http://www.nytimes.com/2016/05/03/business/media/judge-requires-sumner-redstone-to-testify-on-eve-of-competency-suit.html?_r=0

Want to know more about Florida probate litigation? Consider these free resources: