Legal Question in Wills and Trusts in Florida

okay, lets pretend you are on the First District Court of Appeals, and the Judge in probate said an LLC was transferred and not part of an Estate, but your attorney objects, now I'm just a beneficiary caught with no attorney, but the one that objects disagrees with the Judge for they have evidence that could not be heard in the probate case, so they appeal the Judges decision. Which one is right, the Judge who wouldn't look at the Deed signed on the deathbed and the other evidence of the other attorney who appealed the Judge's decision? The attorney who appealed is a certified accountant and looks at their evidence and knows his stuff. Which one would you tend to agree with? Who's the smartest, the Judge or the Certified Trail Lawyer, only 2% in the Nation. And if your in an appeals process, and you find new evidence of fraud, that the Judges' decision was based on, do you bring it to them? Thanks CC


Asked on 9/14/14, 2:07 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

This is way too complicated to answer in this forum. You need to bring all your facts to an appropriate probate attorney familiar with litigation and appeals. The LLC was allegedly transferred prior to death? It was not included in the probate assets? This was wrong in your opinion? Evidence that this was wrong was not presented to the Court? Was the evidence proffered into the record so the appellate court has it to review? No way to tell who is right without seeing the documents and hearing all the facts. If extrinsic fraud existed, you have to seek relief from the Appellate Court to release jurisdiction of the pending order to the Trial Court to deal with the fraud issues. This is an extremely complicated legal matter for which competent counsel is required.

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Answered on 9/14/14, 2:24 pm


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