So, you find yourself in West Palm Beach probate court in an estate dispute like, say, a will contest Palm Beach, or someone is challenging probate. So, you consider that you have to hire a Florida probate lawyer, and one of your friends suggests that you hire a probate litigator Florida. What’s the difference between an estate attorney in Florida, and, say, a Florida probate litigation law firm? Well, an estate attorney or probate lawyer in Palm Beach typically does two things. They write wills and trusts, and they also run, or handle, or administer estates. They might write a revocable trust for your father in Boca Raton, or an estate plan Palm Beach Gardens and, then, when parents pass away, they can help with running the estate or opening up probate, gathering the assets, and distributing inheritances to the family or beneficiaries. Estate litigators are typically trial lawyers who handle disputes. You have probably heard me say that there are three and only three ways to resolve a probate dispute in Florida:
1) go to court and try the estate lawsuit case and end it;
2) resolve it and settle it, often with a settlement agreement which might be the product of tough negotiations by your Florida trust lawyer, or estate attorney Palm Beach, or through or after mediation;
3) a Florida probate appeal if you went to trial and someone wants review by the appeals court. Florida probate litigation attorneys need to know evidence, the rules of procedure and the proper burdens and standards to prove, or disprove, certain specific probate issues such as undue influence, fraud, conversion and civil theft or conspiracy or tortious interference with an inheritance expectancy.
So, if you have to hire a probate litigator Palm Beach, what should you look for?
1. Confidence. Perhaps one of the most striking characteristics of estate lawyers Florida that I notice in probate court West Palm Beach is confidence. Not arrogance. God knows a lot of lawyers are arrogant. I’m talking about the leader-like, strong, confidence that many people attribute to statesmen, statespersons, great athletes and coaches. Not swagger. Confidence.
2. Command presence. Does the voice strike you? Does the argument in court stand out? Do all the probate lawyers Florida in
3. Knowledge of the law. Is your Florida probate attorney familiar with the law, whether it’s the Florida Trust Code and the rules of evidence, or the guardianship code? And, does he or she know about recent appeals court probate rulings from his or her district and from throughout Florida? Is he or she up to date with the probate laws and evidence rules? Is your trust lawyer published in legal journals or has he or she written books about estates, trusts and guardianships? Do other Florida probate attorneys want to hire your estate lawyer Boca Raton to act as their expert in court, or do they want your probate attorney to act as amediator for a high dollar, emotionally charged, sibling rivalry inheritance lawsuit?
4. Strategic and innovative. Can your probate attorney Florida think outside the probate & trust box and come up with solutions which provide, or create, legal options for you in your inheritance fight, or trust contest Jupiter, Florida? Can you see 5 sides to a square? Innovation, insight, and an ability to examine, and re examine, the facts of your dementia case, and what it might take to settle your probate lawsuit Boynton Beach, or win at trial, are great characteristics. What’s YOUR trial strategy on how to win your Florida estate lawsuit andare you ready if the other side appeals?
5. Common sense. It sounds silly, but it does NOT make sense for you to spend $10,000 in Palm Beach probate lawyer fees fighting over a piece of jewelry worth $1,000, right? Providing insight, and courtoom experience, are very important for probate attorneys Florida, but you also need to know what you are fighting for, how to win, and whether the lawsuit in probate court Palm Beach is worth it. Fighting just to fight only gives an inheritance to the Florida estate lawyers. A GOOD probate litigator West Palm Beach will try to help you recognize this and understand it: and save you money on Florida probate lawyer fees.
Good luck.
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