Florida probate litigation usually belongs in the Florida probate courts, that only makes sense. But what about Federal Court? Can you file a probate lawsuit in Federal Court instead of in West Palm Beach? The truth is it is very rare for a Florida estate lawyer to file in Federal Court but it is possible. Learn why by reading this recent case out of Kansas’ Federal District Court!
“The Probate Exception”
- Every State in America has a few different Courts but there are two distinct different types of Courts – Federal and State.
- In other words you can ask the Federal judge to decide the case or the State judge, but there are rules about which Court it belongs in.
- If you are unsure if you can file in a particular court simply talk to a Florida trust lawyer.
- Probate litigation attorneys know that normally any time you have a case worth over 75 thousand dollars and parties from different states you may be able to get into Federal Court.
- That being said there is something called the probate exception to Federal jurisdiction.
- Has your Florida probate lawyer explained this to you?
- The Federal Courts do not take cases regarding the administration of probate or certain family matters,those are the rules.
- These are very local issues that the Federal Courts feel they should not infringe onto.
- If you are unsure if Federal Court is an option just talk to an experienced Florida estate lawyer.
- Probate attorneys Florida know that there are certain cases that can be brought to the Federal Court even though they involve probate.
- Do you know how to get around the rule?
- Check out this recent case out of the Kansas District Court involving probate.
Parks v. Kiewel
- This was an interesting case of probate abuse in Kansas.
- Florida estate attorneys like to keep their options open and cases like this highlight the availability of Federal Court – that is always good.
- Here a Mother named one sister as the executor of the will and then things went bad.
- The other sisters learned that the executor had taken huge gifts from the Mother in her old age and abused her under the power of attorney.
- It gets worse!
- The woman had made all of the accounts “Pay or Transfer on Death” accounts which means that the entire estate passed outside of probate.
- It remains to be seen whether or not that is what the Mother wanted.
- What do you think?
Want to learn more getting into Federal Court?
Check out the entire case by clicking here.
Want to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?
Are You Interested in Viewing Free Florida Trust, Probate & Estate Videos?
- Finally, do you want to see free Florida trust, Probate videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law videos from a private, Florida estate & trust video library?
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos at this online Palm Beach estate & trust video library.
- Watch short, concise Florida probate videos for free here at this link:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml