If you plan on filing a will contest you are going to have to serve the other side. The question is when it comes to a West Palm Beach will contest who is the other side? Can you serve the personal representative’s probate attorney? Do you have to serve the PR personally? Knowing the rules of service is crucial to your success.
Service
- Do you know what service of process means?
- You have an obligation in West Palm Beach to make sure the other side has notice of your lawsuit.
- A simple phone call is not enough.
- There are formal rules in place about how to serve the other side and failure to follow them could lead to a dismissal of your action.
- Do you know how to serve someone in a will contest considering one the parties (the decedent) is not even alive?
- Experienced Palm Beach probate litigators know how to serve the parties to get your lawsuit moving, in the right direction.
- If you are unsure about who to serve you need to talk to an attorney rather than playing a guessing game.
- That is because one time is of the essence but two, process servers are not cheap!
- Take a look at this recent probate appeal that was struck down for improper service of process.
In re Estate of Mooney
- This was an appeal from a probate lawsuit in Washington State.
- The plaintiff’s will contest petition was dismissed due to insufficient service of process.
- The man had served the personal representative’s attorney but not the personal representative himself.
- The Court noted that the rules were very clear that service had to be on the individual and not their attorney.
- Does that make sense?
- Its not like the guy did not know that a will contest had been filed, his attorney had a duty to let him know.
- That being said, whether or not you think it is fair, rules are rules.
- Make sure you are playing by the rules otherwise you risk losing out big time.
Want to learn more about service of process in a will contest?
Check out the entire case by clicking here.
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