Getting Trust Documents in a Florida Trust Lawsuit
When is a discovery order proper so when can you see any previous trust documents in a trust lawsuit?
Getting trust documents in a Florida Trust Lawsuit. Hello, my name is John Pankauski, I’m a trust ligation attorney with Pankauski Hauser in West Palm Beach. The lawyers who are trial attorneys and appellate lawyers in our firm handle matters throughout the state of Florida. Let’s say you are involved in a trust lawsuit, maybe you are trying to void a trust or an amendment to it. Maybe the doctrine of dependent relevant revocation under Florida law is applicable and your trying to figure out whether a prior trust exists or multiple trusts from previous years exist and whether they become valid if the present one is void. Well, when is a discovery order proper and when can you see those prior trust documents in a trust lawsuit and if you are not getting to look at those trust documents, is there a remedy for you. What can you do if there is a discovery order like a request to produce or a ruling on a privilege about certain trust documents and you want to appeal that order. Can you appeal a discovery order. The answer is generally, you don’t. Those are generally appeal able but at the end of the trial but it is pulling certain limited circumstances you may be able to file a very specific petition regarding trust documents at the appellate court to get them at your trust lawsuit trial level, usually in the Probate court. You can read more about this the Boren vs Rogers. It’s from Florida’s 5th District Court of Appeal. It was issued Feb 2nd , 2018 the west law site is 2018wl63727. Florida trust litigation, production of prior documents, privileges, discovery orders. If you are involved in those issues you should definitely read this Boren case.