Did you know that failure to probate the Florida will timely may lead to estate litigation in Florida? Why would taking your time evolve into costly Florida probate litigation? Probate lawyers Florida should read this case out of the Court of Appeals in Indiana to understand time is of the essence in probate litigation.
Time is of the Essence?
- Do you know what it means when a Florida estate lawyer tells you time is of the essence?
- Florida will contest lawyers know exactly what that means because following service of a notice of administration they may have as little as 90 days to file a claim or will contest.
- Why else does time matter for estate attorneys Florida?
- Failure to probate a will in time can have costly effects on the estate.
- For one thing it could lead to Florida probate litigation.
- It may even lead to the will being denied admission into probate!
- But how?
- Probate attorneys Florida know you have to move quickly with probate as time is of the essence.
- This is just one example of why.
- Check out this recent appeal from Indiana probate court and ask yourself what would happen if this happened in a Florida probate court during a local probate lawsuit.
- Is this considered estate lawyer Florida malpractice?
- What do you think?
In re Estate of Bradley
- This was an interesting probate appeal from Indiana.
- The wife of the decedent was appealing some rather harsh orders made against her.
- They made her pay rent on the marital home she was living in after the death of her husband since it was in his name only.
- Who does she pay rent to?
- The estate.
- Why would that matter?
- She originally would have gotten the entire estate per the terms of the will but guess what?
- The will was not admitted to probate because the wife waited ten years to request probate!
- Under Indiana rules the will could not be admitted to probate and the succession would be by intestacy.
- Talk to an experienced Florida probate lawyer to learn what would happen here.
- They also made her deposit 90k into a restricted account.
- See why probate has to be done quickly?
- Now the children who were disinherited by the will are also claiming an interest in the estate.
- Should they get it?
Check out the entire case before you make up your mind.
For a free copy of In re Estate of Bradley click here.
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