Counterclaims in Your Estate Lawsuit

When is a counterclaim something you have to bring and when is counterclaim you don’t have to bring?

Counterclaims in your Estate or Probate or Trust lawsuit. If you are being sued, can you sue back? You need to know what to do if you are fighting over your inheritance. Can you bring a counterclaim against the person that is suing you and does it make sense? Remember any lawsuit or counterclaim or a complaint needs to be factually based. You need to make allegations that are actually truthful to the best of your knowledge and belief. When is a counterclaim something you have to bring and when is counterclaim you don’t have to bring?

A counterclaim claim can be compulsory or permissive and you can read more about that by reading the Wichmann case 237 Southern 3rd 1018. It’s a 2018 case. It’s actually a interference with a business relationship case but the Appellate Court goes through nicely describing the difference between a counterclaim that is permissive and one that is compulsory. Why is this important for probate lawsuits or estate lawsuits in Florida? Because if somebody is fighting over your inheritance, you need to know your rights and with compulsory counterclaims if you don’t raise your rights, you are going to lose your rights and your attempt to get damages.