When does a rule 1.510 motion for summary judgment make sense in a probate lawsuit? 5 things to consider for Florida probate litigation
Let’s say that you are in the middle of a trust lawsuit Palm Beach or maybe a will contest Florida. The other side just filed a motion for summary judgment and your probate litigator Florida just told you that this may be the end of your inheritance case. What? Or, perhaps, you have asked your estate lawyer Palm Beach whether filing a motion for summary judgment on a limited issue makes sense, and now you are discussing trial strategy. When does a summary judgment make sense in a Florida probate lawsuit? Here are 5 things to consider when involved in estate lawsuits Florida and also trust litigation Delray Beach:
- A motion for summary judgment is appropriate if there are no disputed issues of material fact. If that Palm Beach Gardens bank account is indisputably a joint accountwith a right of survivorship in a Boca Raton bank, or that life insurance policy is clear, and it’s beneficiaries are identifiable, that may make sense for a summary judgment. What about reading the power of attorney document? If that’s clear, why not have the probate court judge tell you what it says? Want to read the Florida rule of civil procedure 1.510 on summary judgment? Here is the rule to read by clicking on this free link:http://www.floridabar.org/TFB/TFBResources.nsf/0/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf
- Affidavits & Evidence. A motion for summary judgment may be used along withaffidavits but summary judgment hearings are NOT meant for the introduction of evidence. So, what kind of affidavit did your estate lawyer Florida prepare, and what do the other side’s affidavits say?
- Appeals, appeals and more appeals! Some probate lawyers Florida who handleprobate appeals in Florida appeals courts would tell you that an order on summary judgment is the most often appealed issue. Do you have a board certified appellate attorney at your probate litigation law firm West Palm Beach and is he or she involved with this summary judgment at the trial level? Are you prepared for a probate Florida appeal?
- Will contests Florida and will challenges and summary judgment. Is a summary judgment proper when there are allegations of undue influence, fraud or lying? Most probate litigators Palm Beach would tell you that a case of fraud or undue influenceshould go to trial and is most likely not appropriate for a summary judgment. So, let’s say that the probate court just issued a summary judgment order on undue influenceBoynton Beach. Do you know what the court is trying to really tell you?
- Why consider summary judgment in estate lawsuits Florida? Well, if issues are isolated or you can focus everyone’s attention, a summary judgment in your trust lawsuit may make a lot of sense for the client such as a trustee of a revocable living trust Boca Raton or a beneficiary of a Florida trust. Why? It might save you a lot of money and increase your leverage and trial momentum. But, be cautious. Why? If you lose, or if the court is troubled by facts, it can, like any strategy, backfire. But you can say that about anything in an estate lawsuit Florida, right? Many times, a summary judgment motion can isolate issues and potentially save the client a lot of money in trust litigator attorneys Florida fees.Want to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?
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