Florida Estate Lawsuit Strategies
Do you know how to get your inheritance back if it’s been taken? If your inheritance has been taken from a trust, or the state, or a probate, everybody knows you can hire a probate lawyer to go to probate court. You can argue about whether a will, or a trust, is valid or invalid. But if somebody has interfered with your inheritance, you might be able to sue them so talk to your probate litigation lawyer. A real trial lawyer, not just someone who goes to court now and then and writes wills and trusts.
Ask them about filing a tort suit. A lawsuit, if somebody’s interfered with your inheritance, you may be able to sue them in tort. That’s different than an action to have a will or a trust or codicil declared valid or invalid. In the right type of tort lawsuit you can get a jury trial. You can get in front of a jury to hear your case, and plead your case. But, you need to be careful. You need to prove damages, you need to prove causation, and you need to make a link between the wrong acts that took or diminished your inheritance, and the dollar amount of your damages. You need to prove those, sometimes you need an expert sometimes you don’t need an expert.
To read more about tortious interference and inheritance that type of probate lawsuit I’ll give you two recent cases that you can read. One was from June of 2018 from Florida’s fourth district court of appeal, that’s the Appellate Court down the street from our law firm, it’s the Palm Beach appeals courts Mulvey Case 257 third 106, And the Henry V Jones case that’s a 2016 case from Florida Second District Court of Appeal.