What Probate Beneficiaries & Estate Litigators Need to Know About Default Judgments in Florida Probate Litigation: September 17, 2015 Florida Supreme Court

Why in the world would a widow or a Palm Beach probate beneficiary want to to know anything about a default judgment in this September 17, 2015 opinion from the Florida Supreme Court.  Well, if you arein the middle of a will contest, or are objecting to the probate of a Boca Raton $10 Millionestate, and you give NOTICE to beneficiaries, and they don’t want to get involved, ask your probate litigation law firm West Palm Beach what they want to do? Your estate litigation lawyer will want to get those “interested persons” and other beneficiaries defaulted! Why?  Either get on board and participate in the Revocable Trust lawsuit Palm Beach Gardens, take a side in the will contest case, or step aside. 

Florida Probate Lawsuits: take a side or step aside

• Any estate lawyer Boynton Beach who also handles estate trials and trust lawsuits will tell you that if someone like a trust beneficiary is not participating in the lawsuit, thenyou need to default them.
• That’s a strategic and procedural move with serious implications for any beneficiary or heir at law who does NOT want to get involved in an estate lawsuit
• But, hey, if you are a surviving spouse, or estate beneficiary, or maybe a beneficiary of your dad’s $4 Million revocable living trust he made when he lived on Jupiter Island,you may not need to get involved in some will contest or trust lawsuit . Why?
• Well your interestes may be adquately protected by the trustee of that family irrevocable Florida trust.
• The executor of the will, what we call the personal representative of the Palm Beach probate or estate may be doing just a spendid job defending the lawsuit andprotecting your interests.  Who is looking out for YOU?

Florida Supreme Court Issues Opinion on Default Judgments

• So, if beneficiaries of Florida probate, estate and trusts should be at least aware about parties, beneficiaries and others, such as maybe a Florida trust protector, what do we care about default judgments
• Well, this recent Florida Supreme Court Case tells us why
• You can read this recent Florida ruling on default judgments by clicking on this link: http://www.floridasupremecourt.org/decisions/2015/sc14-1049.pdf
• A default judgment is VOIDABLE —not void — when the complaint or lawsuit upon which the judgment is based fails to state a cause of action
• That may sound like some legal mumbo jumbo but ask your estate litigation law firm or give them this case if they have not read it
• Or, if you are a beneficiary of a trust or estate in Florida, and YOU were DEFAULTED, and the estate lawsuit or will contest failed to state a cause of action, and  now you want to get in the middle of the probate litigation in Palm Beach Gardens or Delray Beach probate court, you should, perhaps, start reading this case.
• For legal scholars, probate litigators and Florida business litigation law firms, know that the Florida Supreme Court approved the decision from the 4th known as La Mer Estates and disapproves of the conflict cases (if they are inconsistent with this opinion of 9/17/2015)
• This case also talks about when an estate beneficiary or someone involved in a trust or estate lawsuit Florida may raise a defense, such as “your lawsuit is baseless, it does not state a cause of action”
• Your can raise a defense, such as failure to state a cause of action, in an estate lawsuit or trust contest, if, after you have been properly notified, in an answer, at trial or at ANY time prior to final judgment
• So if a default judgment is voidable, it can be collaterally attacked one and one half years later