When assets are at stake, you can rely on probate litigation attorney Daniel A.Seigel and the team at the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved one through probate litigation.
Probate Litigation Attorney in Boca Raton, Florida
In accordance with Florida law, courts expect fiduciaries to act in the best interest of the estate or person they represent. But what happens when a loved one passes away and the individuals they entrusted with the administration of assets fail to fulfill their obligations? As probate litigation attorneys know, these situations can compound a family’s grief and necessitate legal action to uphold the wishes of the deceased person and protect their heirs.
Since founding the Law Offices of Daniel A. Seigel, P.A., in 2012, Attorney Seigel has centered his practice on probate litigation, offering comprehensive legal services tailored to meet the needs of each client. He and his team take pride in serving not only as legal advisors to clients, but also as counselors navigating the emotional elements of each case.
When assets are at stake, let us be your trusted partner for probate litigation in Boca Raton. We understand you need a dedicated and experienced legal team to protect your rights and interests. Contact us at (561) 393-6005(561) 393-6005 to schedule a consultation.
Key Takeaways about Probate Litigation in Boca Raton, Florida
- Florida Law and Probate: Florida’s probate laws dictate estate management and estate litigation to resolve a dispute.
- Managing an Estate Dispute: Examples of common probate disputes in and around Boca Raton include a will contest, a dispute over decisions made by the personal representative, or a claim of undue influence. All require a strategic legal approach in the pursuit of a fair resolution.
- Timely Resolution: Probate litigation can be time-consuming, but with the informed counsel of seasoned probate litigation attorneys, you can manage your case efficiently, reduce stress, and preserve the value of the estate assets for beneficiaries and heirs.
- Mediation Opportunities: Many probate disputes in Boca Raton can be resolved through mediation, a less adversarial approach than courtroom litigation that helps preserve family relationships.
- Protecting Beneficiaries’ Rights: A probate litigation attorney will work diligently to safeguard the rights and interests of each beneficiary, working to help them pursue their rightful inheritance in accordance with the decedent’s wishes.
- Legal Counsel: Knowledgeable and experienced probate litigation attorneys can help you navigate your probate litigation case effectively.
Florida Law Concerning Probate
Probate is the legal process of settling an estate after a decedent’s death. If the decedent left behind a will that fulfills the state’s legal requirements, the decedent’s assets will be distributed according to the terms of the will. During the probate proceedings, a judge must approve the will and accompanying legal documents.
Understanding Probate Litigation
Probate litigation is necessary when disputes occur during the process of administering the estate of a deceased person. This legal process can involve a variety of issues, including:
- Will Contests — In general, a court must allow an opportunity for others to make an objection, also referred to as a will contest, because they wish to challenge the will’s validity or terms.
- Breach of Fiduciary Duty Claims Against Personal Representatives — In Florida, personal representatives have the responsibility of administering a decedent’s estate, bound by fiduciary duties to act in the best interests of beneficiaries. When personal representatives breach these duties, the affected parties have the right to pursue legal action.
- Surcharge Actions Against Personal Representatives — A surcharge action is a legal claim brought against a personal representative alleged to have mismanaged an estate or acted in a manner that caused financial harm to beneficiaries.
- Accounting Disputes — These issues arise when there are disagreements or concerns over the financial records and accounting practices of an estate managed by a personal representative. They can have profound implications for beneficiaries, potentially affecting their inheritance and the overall transparency of estate administration.
- Tortious Interference with an Expected Inheritance — This legal claim applies when someone unlawfully interferes with another’s right to accept an inheritance or gift. It can occur through deceitful, fraudulent, or malicious actions that prevent the rightful distribution of assets as intended by the deceased.
How Does Probate Litigation Work?
The primary goal of probate litigation is to respect the decedent’s wishes and distribute their intended inheritance to rightful heirs and beneficiaries. This process prevents the mismanagement or misappropriation of estate assets and resolves conflicts among family members or other interested parties. At the Law Offices of Daniel A. Seigel, P.A., we are committed to providing vigorous representation to uphold the integrity of our clients’ estates.
What is Elective Share?
In Florida, the elective share is a statutory right that allows a surviving spouse to claim a portion of their deceased spouse’s estate, regardless of the provisions outlined in the will. This is particularly significant in cases where the will might not adequately provide for the surviving spouse. Chapter 732 of the Florida statutes details the framework for the elective share, currently set at 30% of the elective estate. The elective estate includes probate assets and certain non-probate assets, for a comprehensive calculation that reflects the decedent’s financial situation.
When Does Elective Share Litigation Apply?
As experienced probate litigation attorneys can attest, the purpose of the elective share is to prevent the disinheritance of the remaining spouse so that they can receive their rightful share of the decedent’s estate. This legal right becomes crucial in instances where the decedent may have rewritten their will or made significant gifts prior to death that could diminish the surviving spouse’s inheritance. This type of litigation often arises when disputes erupt over the valuation of the elective estate or the inclusion of certain assets.
Our Services
The Law Offices of Daniel A. Seigel, P.A. offers a wide range of probate litigation services, including:
- Will Contests: We represent clients who wish to challenge the validity of a will based on grounds such as lack of testamentary capacity or undue influence. Our thorough investigation and strategic litigation approach seek to enforce only valid and legally sound wills.
- Trust Disputes: Our firm handles disputes involving the interpretation and administration of trusts. We work diligently to resolve conflicts between trustees and beneficiaries, executing the trust according to its terms and the grantor’s intentions.
- Litigation Involving Fiduciaries: We represent beneficiaries, trustees, and personal representatives in cases of misconduct on the part of fiduciaries. Whether it involves breaches of fiduciary duty or financial mismanagement, our team is prepared to take the necessary legal action to protect our clients’ interests.
- Estate Administration Disputes: Our attorneys assist in resolving disputes during the estate administration process. We want the personal representative to fulfill their duties effectively and the estate to be distributed fairly and in accordance with the law.
Why Choose the Probate Litigation Attorneys at the Law Offices of Daniel A. Seigel, P.A.?
If you are involved in probate litigation as a trustee, beneficiary, or personal representative, you need exceptional representation. At the Law Offices of Daniel A. Seigel, P.A., our probate litigation attorneys and legal team pride ourselves on our extensive experience and personalized approach to probate litigation. Led by Daniel A. Seigel, President, we place a premium on providing a “concierge” level of service, accessibility, responsiveness, and value for every client.
Our in-depth knowledge of Florida probate law and our commitment to providing compassionate and effective legal representation allows us to serve as legal advisors and counselors in navigating the emotional elements of every case.
Our firm was founded on several governing principles, which will always be hallmarks of our practice:
- Zealous Representation: No one will work harder on your matter – period. Attorney Seigel treats every matter as if it were his own dispute. That means “dropping everything” to have a weekend meeting, taking a client’s phone call at 2:00 a.m., and being over-prepared for every deposition, hearing, and trial.
- Extreme Responsiveness: Attorney Seigel responds to all phone calls, e-mails, and letters within 12 hours of receipt. Attorney Seigel’s clients know that he is accessible 24/7, and they will always have his undivided attention and feel that they are his most important client because they are.
- Unmatched Value: Our firm offers competitive billable rates and does not charge for paralegal time and internet research.
When Assets are at Stake, Trust the Law Offices of Daniel A. Seigel, P.A. in Boca Raton, Florida
Navigating the probate litigation process can be daunting, but you don’t have to face it alone. The Law Offices of Daniel A. Seigel, P.A. is here to provide the legal guidance and advocacy you need. We understand the emotional and financial impact probate disputes can have, and we are committed to helping you resolve these issues with professionalism and integrity.
Contact our Boca Raton office today at (561) 393-6005(561) 393-6005 or complete our online form to schedule a consultation.
When assets are at stake, you can rely on the Law Offices of Daniel A. Seigel, P.A. to fight for your interests and uphold the legacy of your loved ones.