Probate Litigation and Estate Litigation in Fort Lauderdale, Florida |
Probate litigation in Fort Lauderdale often begins when questions surface about wills, trusts, estate assets, or the conduct of a personal representative or trustee. After a decedent’s death, disputes involving beneficiaries, fiduciary duties, undue influence, or the handling of probate assets can place added strain on family members who are already dealing with grief. While many probate cases proceed without litigation, disputes may arise requiring court intervention. These matters can involve will contests, breach of fiduciary duty claims, accounting disputes, trust disputes, or elective share issues that place both financial interests and family relationships under pressure.
Law Offices of Daniel A. Seigel, P.A. focuses on fiduciary disputes involving estates, wills, and trusts. In Fort Lauderdale, probate matters are handled through Broward County’s Probate Division in the Seventeenth Judicial Circuit and must follow Florida probate law and court procedures. The firm provides a concierge level of service, accessibility, responsiveness, and value, while also recognizing the emotional strain these disputes can place on families.
When assets are at stake, having prompt legal support may help you address probate disputes before they place further pressure on the estate, the beneficiaries, or the surviving spouse. To speak with the Law Offices of Daniel A. Seigel, P.A. about probate litigation in Fort Lauderdale, FL, call ((561) 393-6005(561) 393-6005 or use the online contact form to schedule a consultation.
Key Takeaways
- Some probate cases are resolved without litigation, but disputes may require court intervention.
- Probate litigation can arise when wills, trusts, estate assets, or fiduciary conduct are challenged.
- Probate litigation cases in Fort Lauderdale are typically heard in the Broward County Courthouse and must comply with Florida probate laws.
- An interested party must file a formal petition or objection to initiate a probate litigation dispute.
- Florida probate law governs how estates are administered and how probate disputes move through the court.
- Common estate litigation issues include will contests, undue influence claims, accounting disputes, and breach of fiduciary duty.
- Personal representatives and trustees owe fiduciary duties and may face claims when beneficiaries raise concerns about misconduct or mismanagement.
- Early legal counsel may help interested parties address disputes before delays or added costs place more pressure on the estate.
- Some probate and trust disputes may be resolved through negotiation or mediation, while others proceed through formal litigation.
Probate Litigation Explained |
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.
Probate litigation arises when disputes occur during the administration of the estate. These disputes can involve several 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.
Common issues in probate litigation include disputes over the enforceability of a will, trust, or other estate planning document. Inconsistencies among estate planning documents can lead to disputes over interpretation.
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. The probate court supervises the actions of the personal representative to make sure compliance with legal obligations and the terms of the will. If a personal representative fails to fulfill their duties, beneficiaries may petition the court for intervention, which can include removal of the personal representative. Probate litigation attorneys in Fort Lauderdale often seek to resolve disputes through negotiation, mediation, or other forms of alternative dispute resolution (ADR) before resorting to litigation. 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 sets the elective share at 30% of the elective estate. The elective estate includes the decedent’s probate estate and may also include certain additional non-probate property interests defined by statute.
When Does Elective Share Litigation Apply?
As experienced probate litigation lawyers can attest, the purpose of the elective share is to prevent the disinheritance of the remaining spouse so that they can manage their rightful share of the decedent’s estate. This legal right becomes important 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 trust and probate 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 handling 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 principal client because they are.
- Unmatched Value: Our firm offers competitive billable rates and does not charge for paralegal time and internet research.
Trust our Probate Lawyers at Law Offices of Daniel A. Seigel, P.A. in Fort Lauderdale, Florida
Managing 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 recognize 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 Fort Lauderdale 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.