What is the Right Venue to File Your Probate Lawsuit?

Are you considering bringing a will contest to an estate in Florida?  Estate lawyers in Florida know there are a lot of considerations before one begins Florida probate litigation. One such concern is where are you going to file the lawsuit? The place you file a probate lawsuit is known as the venue. Florida trust lawyers know venue matters. To learn why check out this recent appeal from the Fifth District Court of Appeals.

Venue

• Florida estate lawyers know of two common questions related to venue.
• Do you know what they are?
• First you may ask your Florida probate litigator, what is venue?
• Venue is a legal term for where you file the lawsuit.
• Florida is the jurisdiction or “forum” but where in Florida do you want the probate litigation attorney to file the lawsuit.
• Pick a county, but not any county.
• The second question is why does it matter?
• Experienced estate lawyers in Florida know there are a few reasons venue matters.
• For one thing, improper venue could be grounds for the dismissal or transfer of your case to the proper venue.
• For another though, the right venue plays into the tactics probate attorneys Florida can use to win the case.
• If your probate litigation attorney has been practicing in West Palm Beach for forty years, don’t you want him in front of the judges that know him or her?
• Hopefully, the answer is yes, otherwise you may have a problem on your hands.
• If you do not like the venue of the probate lawsuit you may want to consider filing amotion to transfer venue.
• Check out this recent case to learn more.

Voorhis v. Comins

• This was actually a defamation lawsuit related to a blog.
• Defamation is when one person says lies about another that causes them damage.
• Here, access to the blog caused damages that one side considered actionable.
• The other side moved to transfer venue and was denied.
• On appeal, that decision was reversed.
• Can you think of more reasons that Estate attorneys in Florida want to transfer venue?
• Check out the entire case to learn a little more.

How much do you understand about venue?

If you want to learn more, why not check out the entire case, just click here.

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