When Should You Appeal a Probate Court Verdict?
Estate Litigation Appeals Lawyer
If you are wondering whether you should appeal a probate verdict, the answer will depend on many factors. In general, the court first has to issue their final order prior to a probate appeal being submitted. Keep in mind that simply disagreeing with the court’s decision is not sufficient grounds for an appeal.
To have a successful probate appeal, you must show that a probate judge made an error in applying law or in what evidence was considered, among other factors. You have to demonstrate exactly how a mistake occurred on the side of the court or judge. For instance, if the court enforced its final judgment and refused to accept influential evidence in the verdict, there may be a basis for appeal. Here are examples of potential factors in a probate appeal:
- Settlement of fiduciary account
- Debt payments
- Property purchase, sale, or other action
- Fiduciary actions
- Payment of fiduciary
- Fiduciary removal
- Adjudication of claims
- Legal expenses payment
- Transfer of property
- Fiduciary surety bond
- Fiduciary resignation
Proving the prejudicial nature of a case will be of importance in a probate appeal case. If the court’s decision would have been different if an error or misinformation wasn’t present, then you may have reason to build an appeal. The appellate court will choose to accept or deny your appeal, as an estate litigation appeals lawyer from Klenk Law can attest, so you must make sure it is as strong and convincing as possible through reliable evidence.