Florida Probate Litigation 

Will Contests

Estate litigation can be a complex and challenging process, involving a myriad of legal intricacies and subtleties. When it comes to contesting a will, there are various grounds for such actions.

• Undue Influence: This exists when a testator is coerced, manipulated or pressured into making decisions about their estate. Those influenced under such conditions may not truly reflect their own wishes, leading to potential litigation.
• Lack of Testamentary Capacity: A person must be of sound mind and judgment when they draft a will. If it can be proven that the testator did not fully comprehend the implications and results of their will due to dementia, mental disability or substance abuse, their will could be declared invalid.
• Improper Execution: One ground for contesting a will is when its execution did not comply with legal requirements. Rules vary between states, but generally, a will must be in writing, signed by the testator and witnessed by at least two people who are not beneficiaries.
• Fraud: If there’s evidence that deception or forgery was involved in the creation of the will, it can be contested on the grounds of fraud. This often entails proving that the testator was led to believe they were signing a different document or that their signature was forged.

Additional grounds for contesting a will may include, among others, the existence of a later will or the revival of an earlier will. However, the presence of a no-contest clause in a will can potentially limit challenges, as it could result in the disinheritance of anyone who contests the will and loses. Navigating these complexities requires the guidance of a knowledgeable and experienced legal team. Our law firm is dedicated to providing comprehensive assistance to those engaged in estate litigation.

Will Construction Litigation

“Estate Litigation” is a complex area of law which encompasses a variety of disputes that may arise during the administration of a decedent’s estate. These disputes often involve questions surrounding the construction, interpretation, and validity of a will. In particular, conflicts may arise over the rightful beneficiaries of the estate, the correct distribution of assets, the presence of undue influence or mental incapacity when the will was created, or even the authenticity of the will itself.

Such disputes often necessitate litigation to ensure that the decedent’s true wishes are honored and their legacy is properly respected. Notably, the State of Florida has its distinctive legal procedures for resolving ambiguities in a will. Generally, if a will is vague or open to multiple interpretations, the court turns to extrinsic evidence – information not contained within the four corners of the document – to elucidate the decedent’s intent. This may include testimony from individuals who were involved in the creation of the will, personal correspondence, as well as historical context or prevalent practices at the time the will was drafted.

Moreover, if an ambiguity persists even after reviewing all available extrinsic evidence, the court typically applies the rule of construing the will in favor of distribution through intestacy. Essentially, this means that the assets would be dispersed as if the decedent had left no will at all, throughout a statutory predetermined method. Navigating these procedures entails intricate knowledge on estate litigation, making it vital to seek sound legal counsel. With a team possessing seasoned proficiency in handling such intricate cases, our law firm offers a solid background in estate litigation to help secure a favorable outcome for all concerned parties.

Litigation Against the Personal Representative

At our law firm, we are astute in handling a variety of estate litigation scenarios. This includes but is not limited to:

• Breach of Fiduciary Duty – This occurs when a personal representative does not adhere to the set duties or responsibilities inherent in their role. Examples can include misuse of funds, failure to file necessary taxes on time or acting in personal interest over the welfare of the estate.
• Objections to Accountings – If beneficiaries or other interested parties are not in agreement with the accounting provided by the personal representative, our legal team has the capacity to contest such decisions. This could involve disputes over the interpretation of the will or the categorization of various assets and expenses.
• Personal Representative Fee Disputes – Discrepancies can arise over the fees charged by the personal representative for services rendered. Matters such as these require an adept understanding of the legalities surrounding payment guidelines and state laws.

In addition, we handle the removal of a personal representative. Typically, this becomes necessary when conflict of interest is evident or if there is a breach in the personal representative’s fiduciary duties. Those who fail to act in the best interest of the estate, show incompetence, or neglect their duties can also face removal. Our process entails preparing, filing, and serving all necessary documents while arguing the case on behalf of our clients. Throughout the litigation process, we are dedicated to acting as diligent advocates for our clients.

South Florida Probate Litigation Lawyer

Let us Help You Pursue Your Goals–Engaging in estate litigation can feel intimidating due to its complex nature, but at Florida Foreclosure Defense Law Firm, P.A., we are committed to guiding you every step of the way. Our skilled and seasoned team is well-equipped to tackle a multitude of estate-related disputes that include but are not limited to, those involving will conflicts, trust contentions, and guardianship issues. Our attorneys offer effective strategies tailored to your unique situation while providing clear and concise communication throughout the litigation process. We are resolute in our pursuit of safeguarding your assets and achieving your intended goals. With our unparalleled understanding of the intricate legal landscape and our unwavering dedication to your cause, we are your staunch advocates in this challenging journey. Discover how we can support your pursuit of justice, asset protection, and peace of mind. Contact Florida Foreclosure Defense Law Firm now at 877-667-1211. We serve Broward, Miami, and Palm Beach County.