Florida probate lawyers know that sometimes a lawsuit can go on past someone’s life. Now you need a Florida probate attorney and you need to substitute parties following the death of a plaintiff or defendant. Who will be substituted? Florida probate litigators know that the answer is most likely the Florida personal representative. Check out this recent case out of the Fifth District Court of Appeal in Florida.
Substitution for the Personal Representative
- There is more to litigation besides just Florida probate litigation.
- People in Florida sue for things ranging from employment issues to marriage dissolution.
- What happens if someone dies mid divorce?
- Will the wife be able to use estate litigation in Florida to keep the assets if she would have lost them in the divorce?
- You will have to ask an experienced Florida estate attorney in person.
- So what happens when the parties were mid litigation and someone dies?
- For most causes of action, the lawsuit will not die with the person.
- You are able to continue it after their death.
- You may have to substitute the parties though.
- What does that mean?
- It means you need to ask the Court to replace the deceased decedent.
- Who gets substituted?
- In most cases it is going to be the personal representative who is substituted.
- In some cases where a Florida will contest lawyer gets involved it may not be that simple.
- Check out this case with a substituted party out of the Fifth District Court of Appeal.
Mootry v. Bethune-Cookman University
- This was an appeal from an employment case where a professor said he was improperly fired.
- The university replied that they had cause due to sexual harassment.
- So wait a minute, what does this have to do with Florida probate litigation?
- In this case the professor was quite old and unfortunately passed away before his case could get to trial.
- Now what?
- Does the case end forever? No!
- First the wife had to retain a Florida probate lawyer and get the estate opened, she then had to be appointed as personal representative.
- After that was done she was able to take her late husband’s case to trial.
- What else do you need to know about substitution of counsel in Florida probate litigation?
Want to learn more?
Check out the entire case by clicking here.
Want to see short, concise, free online videos about Florida Trust & Probate from a private Florida trust video library in the cloud?
Are You Interested in Viewing Free Florida Trust, Probate & Estate Videos?
- Finally, do you want to see free Florida trust, Probate videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law videos from a private, Florida estate & trust video library?
- 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 at this online Palm Beach estate & trust video library.
- Watch short, concise Florida probate videos for free here at this link:http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml