When Do Florida Probate Lawyers Want Summary Judgment?

Do you know what summary judgment is? Florida probate lawyers know that they may be able to avoid the jury trial by getting a probate judge to grant summary judgment. What can you do to prevent your will contest from being disposed of through summary judgment? Florida estate attorneys know you will need to show a dispute of material facts. What else?

Summary Judgment in Florida

• What is summary judgment in Florida probate court?
• Florida estate attorneys know summary judgment keeps your decision out of the probate court jury panel and lets the judge decide.
• When is that allowed?
• Florida estate attorneys are allowed to move for summary judgment when it is clear there is no material dispute of facts.
• What does that mean?
• What makes a fact material?
• Florida will contest lawyers will have a different opinion here than the personal representative’s estate attorney.
• Who is right?
• Florida probate attorneys know that there may be ways to get the judge to deny that motion if you can show a dispute.
• What is a material fact in Florida probate litigation?

Lambert Brothers v. Mid-Park Inc.

• This was an appeal from the trial court dealing with everybody’s favorite topic, taxes.
• What do taxes have to do with Florida probate litigation?
• First of all this case is a great way to understand what constitutes a material dispute of fact that can defeat summary judgment.
• Second of all though, taxes have a lot to do with probate litigation Florida, ask your estate attorney!
• What parts of estate litigation can trigger a taxable event in Florida?
• Ask a Florida estate attorney to learn more.

Want to learn more?

Check out the entire case by clicking here.

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