1-561-514-0900 FREE CONSULTATION

Why Can’t I File My Florida Will Contest in Federal Court?

Uncategorized Feb 12, 2016
post about Why Can’t I File My Florida Will Contest in Federal Court?

Did you know that Florida has two court systems working in tandem? Florida probate lawyers know that in addition to State Court, Federal Courts also play a role in Florida. What do Federal Courts have to do with Florida probate litigation? Estate attorneys in Florida know the answer is less than you may think, learn why by reading this recent probate dispute that was in Federal Court.

The Probate Exception

  • Florida estate attorneys are quite familiar with the so called probate exception do you know why?
  • For one thing it keeps them out of Federal Court.
  • Also it is common knowledge for probate attorneys Florida that certain actions do not belong in Federal Court.
  • One type of action is family law, that just stays in State Court as a matter of policy.
  • Guess what else?
  • So does probate administration.
  • This is the so called probate exception you may have heard your Florida estate lawyer talking about.
  • Do you understand the difference between Federal and State Court?
  • Probate attorneys Florida know that depending on the nature of your claim you may like or dislike Federal Court.
  • The point is, your probate lawsuit may not belong in Federal Court.
  • How can you tell?
  • Check out this recent case from Indiana.
  • Does it belong in probate court?

Estate of Wisler

  • In this action an estate was involved in a lawsuit with something call the United States Small Business Administration or SBA.
  • The personal representative was in front of the Federal Court for Indiana asking for the case to be dismissed.
  • Do you know why?
  • Because the probate court was probably the proper court for this dispute, not the Federal Court.
  • When are Federal Courts allowed to hear matters related to probate?
  • Has your probate attorney Florida explained why probate administration does not belong in Federal Court?

Want to learn more?

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

  • Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
  • 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: http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml