When Can A Forum Selection Clause Keep Probate Litigation Out of Florida?

Florida probate litigation often spills over into multiple states. Do you know why? Estates often contain real property from other states and trusts may be administered across state or even national territories. How do you know which state to file a will contest or trust dispute in? Check out this recent case dealing with forum selection to learn more about whether or not your case is actually estate litigation in Florida.

Forum Selection Clauses

• Do you know what a forum selection clause is?
• Florida trust lawyers know that a forum selection clause can save a lot of headaches.
• But why?
• Florida beneficiaries may not be the only beneficiaries, often trusts cross state lines.
• In addition, sometimes a trustee may not even be in Florida.
• So where can Florida estate attorneys file suit?
• Forum selection clauses answer that question from the start.
• Where can you find a forum selection clause in the will or trust documents?
• Are they even necessary for a will?
• Florida will contest lawyers know that you file will contests in locations dependent on where the will is being probated.
• But is that always the case?
• What about ancillary probate where real property is located outside of the State?
• Or even outside the country!
• These are just some of the issues Florida estate attorneys have to consider before filing a trust lawsuit.
• Want to learn more?
• Check out this recent appeal centered around a forum selection clause.

Reyes v. Claria Life & Health Ins. Co.

• The plaintiff in this cases was appealing a two-part order that (i) compelled arbitration and (ii) moved the case to Delaware.
• Why do so many corporations want their cases heard in Delaware?
• Either way this was a case centered around a forum selection clause.
• Florida probate attorneys know that Courts love to enforce these agreements.
• The Court will tell you that it is good policy, but also it lessens their dockets, so it’s a win win.
• Is your trust subject to a forum selection clause?
• Talk to a Florida estate attorney to see if its valid as there is a strong public policy for enforcement but that does not mean there are not loopholes.
• What are the loopholes?!

Want to learn more?

Check out a free copy of the whole case by clicking here.

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