OK, so everyone knows that probate litigation Palm Beach is emotional. Or, I should say, that Florida estate lawsuits MAY be emotional…stressful and financially draining. So, are you ready, emotionally and financially, for an estate or inheritance lawsuit Florida? If you are, can you TAME those emotions?
Can I disqualify a probate judge Florida?
- Before you want to disqualify a probate court judge, Florida, consider why you want to do this, what you are required to prove in your inheritance trial.
- You should read the August 7, 2015 Florida 1st District Court of Appeal case ofForehand v. Walton County, to learn about disqualification of a Florida judge.
- Although it is NOT a probate case, it’s good Florida law on what it takes to disqualify a judge.
- Go to the Florida 1st DCA website and look for “opinions”. You can read this Floridajudge disqualification opinion for free.
How do I disqualify a Florida probate court judge?
- So, you lost a probate hearing or there was a probate or estate order or judgment issued in the Palm Beach probate and you don’t like it.
- You want the probate court to have the judge remove himself.
- Can you disqualify a sitting probate court judge in Florida?
- “A motion for disqualification is legally sufficient when the alleged facts would create in a reasonably prudent person a well founded fear of not receiving a fair and impartial trial.”
- See the case of Valdes-Fauli v. Valdes-Fauli, 903 So. 2d 214 (Fla. 3rd DCA, 2005).
- Fear?
- Impartial?
- BEFORE you ask your probate litigation law firm Palm Beach to disqualify the probate court judge, consider the legal standard in Florida. And consider what you probate litigator has to say.(2)(b) and (c).