An holistic approach to Probate Litigation
Courts in Florida hold on litigation on a regular basis. Criminal and civil cases have their own forms of litigation, as well as courts dealing with divorce and family law matters. Probate courts also have their portion of litigation. Probate Litigation Attorney Florida handles a number of more differentiated legal issues. When someone dies leaving a will, the probate will court must authorize the will for authenticity and other legal requirements, as well as oversee the administration of the estate. It may also oversee establishment of an estate without a will, known as an intestate estate. A probate court also supervises guardianship and conservator-ship matters and disputes associating to powers of attorney.
The court has minimal engagement but issues do arise that lead to litigation. In estate cases, a person may challenge the credibility of a last will and testament, claiming the will was forged, the testator was not of sound or the will was not executed decently.
A common issue that lasts up in litigation is a prenuptial agreement. When one spouse dies, the surviving spouse may object the validity of the agreement. This is particularly true when the assets of the decedent appreciated substantially during the marriage.
Managing the Estate
After the will is admitted, an heir or legatee may claim the individual managing the estate is not handling the matter properly. The party making the allegations may demand for removal of the fiduciary and charge another. At times, a person may challenge whether some other is an heir. Finally, a creditor may make a claim against the estate for wealth owed to the creditor with the help of a Probate Litigation Attorney Florida.
In guardianship and conservatorship legal issues, there may be issues as to whether the guardian is treating the ward and their holdings properly. Like an estate, a person may ask for separation of the fiduciary and have another appointed.
Litigated in Probate Court
When a matter litigated in probate court special pleadings are often indispensable. Rather than just an oral allegation in court of law. Either a motion or petition required to commence litigation, just as in other civilian courts. Fascinated parties must be given formal announcement to comply with both due process and statutory requirements. Proper notice usually entails written notice to all concerned parties, including the court, the heirs and the executor, executrix or other fiduciaries. A copy of the motion or other pleading normally must connected to the pleading.
Rules of Evidence in Florida
Probate courts also go around the rules of evidence in Florida. Witnesses may testify and papers admitted to evidence provided they follow these rules. Other parties may object to a question the compliance of documents. The time to file a motion or other pleading often has strict time limits decided by law. Failing to file the pleading timely, failing to provide correct notice, or failing to present the affair in a procedural correct manner can all be fatal to an otherwise legal claim.
Those having a dispute in an estate should regard consulting with an experienced Probate Litigation Attorney Florida before filing anything in probate court. The attorney will review the facts and find out whether the claim has merit. When the matter comes for hearing, the experienced attorney will know how to enquire witnesses. Declare documentary evidence and how to best present the case in the court.