What Situations Can a Probate Litigator Handle?
Our law firm takes a multidisciplinary approach to probate litigation. Our skilled attorneys specialize in probate matters, personal injury, business and succession planning, and power of attorney. This unique combination of expertise allows us to provide comprehensive support to our clients throughout the probate litigation process, ensuring their rights are protected and their best interests are served.
Executor/Personal Representative Representation
The executor or personal representative representation refers to the role of an individual or entity appointed to administer the estate of a deceased person. They manage the estate, including settling debts, distributing assets, and ensuring compliance with legal requirements. Executor/representative representation guides and assists in navigating the complex probate process and fulfilling the deceased person’s wishes.
Beneficiary Representation
Beneficiary representation refers to the legal representation of individuals who are designated as beneficiaries in a will, trust, or other estate planning documents. Beneficiary representatives ensure that the rights and interests of beneficiaries are protected during the administration of an estate, including advocating for their rightful share of assets and addressing any disputes or concerns that may arise.
Will Disinheritance Representation
Will disinherited representation involves legal representation for individuals who have been disinherited in a will. Disinheritance representation aims to protect the rights and interests of individuals who believe they have been unjustly excluded from a will. It involves challenging the will’s validity or advocating for a fair resolution through negotiation or litigation.
Undue Influence
Undue influence is a legal concept that refers to situations where someone exerts improper pressure or influence on a person, causing them to make decisions against their free will. In estate planning, undue influence may involve manipulating or coercing an individual to change their will or estate plan, potentially leading to an unfair distribution of assets.
Lack of Capacity
In the context of estate planning, lack of capacity refers to a person’s inability to understand the nature and consequences of their actions when making decisions regarding their will or estate plan. It may arise due to mental illness, cognitive impairment, or other factors that impair a person’s ability to comprehend and make informed decisions.
Creditor Claims
Creditor claims refer to legal actions initiated by creditors to collect outstanding debts owed to them. To satisfy the debts, creditors may file claims against debtors’ assets, such as real estate, bank accounts, or other property. Creditor claims can result in judgments, liens, or other legal remedies to recover the owed amounts.
Will Contest/Challenge (Causes of Action)
A will contest, or challenge, refers to legal proceedings initiated to challenge the validity of a will. Causes of action for will contesting may include claims of undue influence, lack of testamentary capacity, fraud, or improper execution of the will. These legal actions seek to dispute the provisions of a will and ensure a fair distribution of assets according to the deceased person’s true intentions.
Tortious Interference With a Testamentary Expectancy
Tortious interference with a testamentary expectancy occurs when a person intentionally disrupts or interferes with another person’s expected inheritance or testamentary rights. This legal claim typically involves demonstrating that the interference was wrongful, intentional, and caused harm to the individual’s expected inheritance, leading to potential legal recourse and damages for the affected party.
Breach of Fiduciary Duty
Breach of fiduciary duty refers to a violation or failure by a person in a position of trust or responsibility, aka a fiduciary, to act in the best interests of another party. This breach occurs when the fiduciary fails to uphold their duty of loyalty, honesty, or good faith, resulting in potential harm or financial loss to the beneficiary or the party they represent.
How Does the Probate Litigation Process Work?
The probate litigation process involves resolving legal disputes within the probate system. While the specifics can vary depending on the circumstances, general steps are involved. When conflicts arise regarding the administration and distribution of an estate, it is crucial to consult with experienced probate litigation lawyers.
Initially, the process begins with filing a complaint or petition outlining the issues. Subsequently, the parties involved engage in a discovery phase, gathering and exchanging evidence. This process may include document requests, depositions, and interrogatories. Mediation or negotiation can be used to reach a resolution, but the case may proceed to trial if a settlement is not reached.
How Do You Avoid Probate in Florida?
If you wish to avoid the probate process, you should enlist the help of a professional attorney to manage your assets or the assets of a family member or spouse. These attorneys can assist you in implementing strategies to minimize or bypass probate altogether, saving you tons of time and money.
One standard method to avoid probate is by establishing a living trust. By transferring your assets into a trust during your lifetime, you can designate beneficiaries who will receive the assets directly upon your passing, bypassing the probate process. Proper titling of assets, such as jointly owned property with the right of survivorship, can also help avoid probate.
What Are the Probate Laws in Florida?
Florida probate laws must be taken into account during the process of resolving estate administration and distribution disputes. In cases involving wrongful death claims or other complex probate matters, having the support of a qualified lawyer can make or break your case outcome.
Our local probate litigators are well-versed in Florida probate laws and can provide expert legal guidance and representation for high-net-worth individuals and businesses. We will work to protect your rights during every phase of the probate process. From conducting investigations to gathering evidence, we develop personalized legal solutions tailored to the unique circumstances of each case.
We aim to achieve favorable outcomes for our clients, leveraging our expertise in Florida probate litigation laws to navigate complex legal challenges. By choosing Walker Flick, you can trust that you have a skilled probate litigation lawyer advocating for your best interests under Florida law.
Find a Melbourne Probate Litigation Attorney Near Me
If you need legal assistance with a probate or estate planning case in Brevard County, contact our office to speak with a litigation attorney in Melbourne, Florida. Our law firm seeks to make the probate process as quick, easy, and stress-free as possible. With decades of combined education and courtroom experience, Walker Flick is here to provide professional but aggressive representation to help you get the best possible outcome in your case. Call now or submit a form request to schedule a consultation with one of our Orlando probate litigation attorneys or The Villages probate litigation attorneys.
Client Success Stories
Discover why clients trust and recommend our legal services.