Will Contest Florida Ruling Affirmed on Appeal: December 4, 2015 5th DCA sister defeats brother over mom’s will

Probate litigators in Florida are used to handling will contest cases. So, you will want to read this December 4th, 2015 Florida 5th DCA appellate opinion on a will contest matter which was upheld on appeal based upon the typsy coachman doctrine. The what?  Here is a copy of the will contest Florida opinion, Case No. 5D14-2118, Luciani, v. Nealon: http://www.5dca.org/Opinions/Opin2015/113015/5D14-2118.op.pdf

Why Was There an Involuntary Dismissal of the Will Contest Florida?

• In this probate appeal, and remember: the probate appeals rules changed over the last couple of years, so know what you are appealing and whether or not you can file an appeal
• Here, the trial court, or the probate court, applied the wrong standard !
• Now, ordinarily probate litigation lawyers Florida will tell you that that’s the basis to have the trial court or probate court over ruled or reversed
• BUT..
• If the appellate court rules that the Florida probate court got to the right decision but not in, perhaps, the right, or best, way, well, the trial court’s ruling can stand in the will contest case

Can I Get A Will Contest on a Contingency Fee?

• That’s the $1 Million dollar question, right?
• Can I find a confident, competent estate litigation lawyer Florida to take my will contestcase on a contingency fee?
• Well, most probate lawyers don’t want a contingency fee
• Now, back to this recent Florida probate litigation case which involved a challenge to a last will
• The appellant was the decedent’s son and a beneficiary under a 2011 will
• Guess who is on the other side?  You guessed it : his sister!

Brother Sues Sister in Florida Will Contest Over Mom’s Will

• Sister vs. Brother over mom’s will !  Classic!!
• Brother sued sister and sister is the personal representative of the estate, or what others call the executor of the probate
• Brother challenged the will on the grounds that mom lacked testamentary capacity, or that mom did NOT know what she was doing when she signed the will
• Brother also sued sister over the will by saying that the will was obtained by fraud andundue influence of sister !
• Wow, powerful stuff !
• Sister moved for involuntary dismissal at the end of this probate litigation Florida trial according to Florida Rule of Civil Procedure 1.420
• The probate court granted sister’s motion
• She got final judgment against brother on the will contest
• Brother appealed and lost
• Read the opinion if you are thinking of hiring an estate litigation lawyer West Palm Beach