Probate Litigation
Navigating the legal landscape of Probate Litigation can be a daunting task, but with our dedicated team of seasoned professionals, you can rest assured that your legal matters are in capable hands. In times of loss, the complexities of probate proceedings can add additional stress to an already challenging situation.
Our team specializes in guiding you through the intricacies of probate, ensuring a smooth and efficient resolution—from validating wills to estate distribution, we provide compassionate support during this sensitive time. When legal disputes arise, our skilled litigators are here to protect your rights and interests. Whether you’re facing a contested will, inheritance disputes, or other legal conflicts, our team brings a wealth of experience to the table, working diligently to build strong cases and advocating for you both in and out of the courtroom. Your peace of mind is our priority, so let us navigate these legal complexities on your behalf.
While many estates are probated with minimal fuss, there are number of legitimate issues that may require litigation. For instance:
- Will Contests: Wills that were created under duress, coercion, or fraud, or were not property executed in accordance with Florida law, are invalid and open to challenge.
- Will Construction Issues: Litigation may be required to sort out issues of construction, such as clarifying vague language or determining how to transfer assets that are not mentioned in the will.
- Breach of Fiduciary Duty: Personal representatives have duties and responsibilities that they are legally bound to fulfill. Failure to act in accordance with these requirements can lead to a surcharge action (to recoup mismanaged funds), a request for or challenge to an accounting, or an action to remove the personal representative.
- Determination of Heirs: In cases where an individual dies without a will, courts are required to seek out eligible heirs. Establishing a claim to a decedent’s estate by certain children born out of wedlock, or where paternity must be proven, requires litigation.
