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Probate / Estate Litigation

 

Probate litigation typically involves the challenge to the validity of a will, the meaning and construction of a will, the proper administration of a will, creditor claims, the rights of surviving spouses, and determining what assets are included with the probate estate.  Disputes often arise after an individual dies and property needs to be divided.  The actions of the personal representative (the administer of the estate) are frequently questioned.  Further, the prior mental state of the deceased may be called into question.  Problems with creditors may need to be addressed.

The Firm represents family members, beneficiaries, heirs, personal representatives of estates, creditors, and other interested persons in the estates.  The firm routinely handles the following diverse forms of Florida estate/probate litigation:

Challenges to the validity of a will, based on:

      • Undue influence
      • Lack of testamentary capacity/competency
      • Fraud
      • Fraud/mistake
      • Existence of additional or subsequent will or trust

Actions to reformation a will

      • Will construction
      • Determination of heirs
      • Abuse of power of attorney
      • Elective share litigation

Breach of fiduciary duty by personal representative

      • Actions to remove personal representative
      • Surcharge action
      • Accounting
      • Creditor disputes
      • Elective share contests

Actions for intentional interference with inheritance expectation