Has your Florida probate lawyer used the term indispensable party when discussing your probate lawsuit? Do you know what that means? In Florida probate litigation you may have to join the estate as a party in order to get your lawsuit to trial. Want to learn more? Check out this recent decision from the Fourth DCA.
Indispensable Parties
- Florida estate attorneys know what an indispensable party is the question is when is the estate one.
- In probate court certain disputes cannot be addressed without a relevant party joined to the lawsuit.
- This makes sense after all that party may have a claim to the property and need to be joined.
- Can the Florida probate court do that on their own or does a party have to seek dismissal?
- Florida probate attorneys should be focused on who is an indispensable party in Florida estate litigation.
- Why?
- Because failure to do so could spell disaster at trial.
- In fact, it could lead to a dismissal of the suit in its entirety.
- How can Florida estate lawyers avoid these issues?
- For one it may be necessary to join the estate into the lawsuit.
- Check out this recent case from the Fourth District Court of Appeals in Palm Beach to learn more.
Parker v. Parker
- Here the decedent’s wife and children were embroiled in a legal battle about transfers he made before his death.
- The entire complaint was dismissed though.
- Do you know why?
- Because the failed to include the estate as a party and the Court found that the estate was a necessary and indispensable party.
- Here though, the Florida decedent had transferred the property before he died.
- Thus according to the District Court of Appeal including the estate was not necessary.
- What do you think?
- Should Florida probate attorneys and estate litigators always add the estate as a default to avoid this issue?
- What is cheaper a motion to dismiss the estate or an appeal for not including them?
- That is the question for Florida estate lawyers moving forward.
Want to learn more?
Check out a free copy of this case by clicking here.
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