Seeking punitive damages in trust or estate cases.
Do you have to seek damages in the Probate division or can you file your lawsuit in a Civil Court.
Seeking punitive damages in trust or estate cases. Can you do that? Yes you can under certain limited circumstances. If you’re involved in an estate or a probate matter, you have to decide whether you’re going to bring a lawsuit in the existing probate proceeding in front of a probate court judge or do you have rights to sue somebody in the Civil Division, in a trial division where you’re not in the probate division and you can get a jury trial if you’re alleging fraud or some type of personal wrong or tort. So if you’re involved within a state administrator, a personal representative an executor and they have concealed things from you. Right, concealment is a very bad thing or they haven’t told you things when they’re supposed to tell you things or disclose certain information that may or may not be constructive fraud. Can you seek damages and a jury trial in the Civil Division or do you have to stay in the Probate Division and finally, can you seek punitive damages. Punitive damages in the estate or probate context can be very very important for you and not just for building leverage but for getting damages.
Why, because when there’s concealment or when somebody commits fraud in a probate or a state setting the dollar amount may not be that great even though the wrong is terrible.
Why, because fiduciaries are held to very high standards in Florida. You may be able to get punitive damages that’ll help punish the wrongdoer and deter future bad acts.