Is there a secret to defending summary judgement motions?

Many times there will be an allegation of undue influence like a will contest for regarding a trust or a bank account. If there is a motion for summary judgment that says we don’t need a trial you lose. Do you know how to defend that?

Summary judgement and undue influence cases, is there a secret to defending those motions?. Hello my name is John Pankauski, I’m a probate litigation attorney at Pankauski Hauser in West Palm Beach. The Appellate lawyers and trial litigation attorneys here handle matters throughout the State of Florida limited to trials, litigation’s, & disputes for Probate & Estates, trust, guardianship and business transactions.

Many times there will be an allegation of undue influence like a will contest for regarding a trust or a bank account. If there is a motion for summary judgment that says we don’t need a trial, you lose. Do you know how to defend that? One of the secrets to defending that is knowing that undue influence is a species of fraud. It’s a type of Fraud and in Florida, the law in Florida for probate lawsuit and undue influence cases is that needs to be plead with specificity, with particularity

The second thing that you want to know that’s almost a secret is that these matters, fraud matters, which undue influence is a species of should not be granted on summary judgement. The courts have consistently said that should be tried to a judge or a jury can hear all the facts. Knowing whether you get a jury trial or not depends on how many number of circumstances.
Talk to an experienced probate litigation Law Firm to know more.