Orlando Probate & Estate Litigation Attorneys
Protecting Your Rights & Assets During the Probate Process
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Over Forty Years of Combined Experience
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Big Firm Resources. Personalized Service
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Highly Rated & Accredited
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Strong Commercial Litigation Record
We Fight for Our Clients Inside & Outside the Courtroom
Losing a loved one is upsetting and stressful, especially when the surviving family or spouse is left with a legal mess. With decades of combined experience, our Orlando probate and estate litigation attorneys are equipped to handle even the most complex cases with care, compassion, and expertise.
Attorney James M. Flick has been handling cases related to estate planning, asset protection planning, probate administration, and trust administration since 2011. With multiple decades of education and experience under our belts, we are among the top probate and estate litigators in Orlando, FL.
What Is Probate & Estate Litigation?
Probate and estate litigation encompasses legal disputes related to the administration and distribution of a deceased person’s estate. This type of litigation arises during the probate process, the court-supervised procedure for authenticating a deceased person’s will, settling debts, and distributing assets to heirs.
Common issues include contesting the validity of wills, disputes over the interpretation of testamentary documents, challenges against the actions or decisions of executors or administrators, and conflicts among beneficiaries or between beneficiaries and fiduciaries. These legal battles often stem from concerns about undue influence, capacity issues, breach of fiduciary duty, or disagreements about asset distribution.
Orlando Probate & Estate Litigation Services
If you need legal representation regarding a probate or estate case, our Orlando probate attorneys are available for a consultation where we will discuss your situation and best options. Together, we can develop a plan to protect your rights and get the best possible outcome during the probate process.
Executor/Personal Representative Representation
Executor or personal representative representation is provided to the individuals appointed to administer a deceased person’s estate. This role includes probate process navigation, asset inventory and distribution, fulfilling debts and taxes, and ensuring legal compliance. Legal counsel is vital for mitigating disputes, providing guidance through complex procedures, and upholding fiduciary duties.
Beneficiary Representation
Beneficiary representation involves legal support for individuals entitled to assets from an estate or trust. This support includes advocating for beneficiaries’ rights, ensuring fair asset distribution, interpreting wills and trust documents, and addressing potential conflicts. Lawyers specializing in this area help beneficiaries navigate complex probate or trust proceedings, protecting their interests and inheritance.
Will Disinheritance Representation
Will disinheritance representation assists individuals who have been unexpectedly omitted from a will. It involves challenging the will’s validity or interpreting its terms, often on grounds of undue influence, lack of capacity, or improper execution. This legal service aims to protect the rights and interests of disinherited parties.
Pretermitted Spouses
Pretermitted spouses are individuals who marry the decedent (person who has died) after the creation of a will and are not mentioned or provided for in that will. In many jurisdictions, they may have legal rights to a portion of the estate, under the presumption that the omission was unintentional.
Elective Share Claims
Elective share claims involve a surviving spouse’s legal right to claim a certain percentage of their deceased spouse’s estate, regardless of the will’s provisions. This is designed to protect spouses from disinheritance, allowing them to elect against the will and receive a statutory share, typically a portion of the estate’s value.
Homestead Claims
Homestead claims involve a surviving spouse or family member asserting their right to a portion of the deceased’s primary residence under homestead laws. These laws protect the family residence from certain creditors and ensure the family has a place to live, often overriding the provisions of a will or trust. Our Orlando probate and estate litigation lawyers assist with homestead claims to make sure clients’ rights and assets stay protected after the death of a spouse.
Family Allowance Claims
Family allowance claims are legal requests by a deceased person’s dependents, typically a spouse and children, for financial support from the estate during probate. This temporary allowance helps maintain the family’s standard of living and covers living expenses while the estate is being settled, ensuring their immediate financial needs are met.
Will Contests/Challenges
Will contests or challenges involve legal disputes questioning the validity of a deceased person’s will. Typically brought by potential heirs or beneficiaries, these challenges can be based on claims of undue influence, lack of testamentary capacity, fraud, or improper execution. Successful contests may result in the will’s modification or nullification.
Creditor Claims
Creditor claims in estate administration are legal demands by creditors for payment from a deceased person’s estate. These claims must be addressed before asset distribution to beneficiaries. Executors or administrators assess the legitimacy of these claims and settle them, ensuring the estate’s debts are appropriately paid as per legal requirements.
How Can I Avoid Probate?
The probate process can be time-consuming, expensive, and exhausting. With strategic estate planning, it is possible to bypass it altogether. From joint ownership and living trusts to gifting assets and designating beneficiaries with Pay-on-Death and Transfer-on-Death arrangements, various strategies can help you sidestep probate and ensure a smoother transition of assets.
Gifting
In estate planning, gifting involves transferring assets to others while you’re alive. It reduces the size of your estate, potentially avoiding or minimizing probate. While gifting can be a strategic way to avoid probate, it’s important to understand the potential tax implications before proceeding.
Joint Ownership
Joint ownership is a property ownership arrangement where two or more individuals hold rights to the same asset. Upon the death of one owner, their share automatically passes to the surviving owner(s) regardless of the deceased’s will. This transfer occurs without probate and simplifies the asset distribution process.
Living Trusts
A living or revocable trust is created to designate ownership of an individual’s assets during their lifetime. Upon their death, these assets are transferred directly to the beneficiaries named in the trust, bypassing the probate process for a more private and efficient transition.
Transfer-on-Death (TOD)
TOD is a provision that allows for the direct transfer of specific assets, such as securities, to a designated beneficiary upon the owner’s death. Like a Pay-on-Death (POD) arrangement, a TOD bypasses probate, enabling a swift and hassle-free asset distribution to your chosen beneficiaries.
Pay-on-Death (POD)
A POD arrangement allows you to designate a beneficiary who will inherit specific assets, such as bank accounts or certificates of deposit, directly upon your death. This bypasses the probate process, making the transfer of these assets quicker and less complicated for your beneficiaries.
Probate Laws in the State of Florida
Probate laws are designed to ensure the correct distribution of a deceased person’s assets. The rules apply when a Florida resident dies and leaves property behind or when a non-resident dies while owning real estate in Florida. Hiring the right Orlando estate planning attorneys is important to the outcome of your case.
Formal probate is used for larger estates or when there are disputes among beneficiaries, while summary administration is a simplified process for smaller estates or older estates. Florida law sets specific time limits for filing a creditor’s claims, typically within three months after the first publication of the notice to creditors. Florida does not have a separate probate court, so probate matters are handled in the circuit court.
Find a Licensed Probate & Estate Litigator in Orlando, FL
If you require legal assistance for a probate or estate case in Orange County or Central Florida, request a meet-and-greet with one of our local probate litigation attorneys. Our Orlando trust administration attorneys offer custom legal solutions tailored to your unique needs to ensure that your assets are protected and distributed according to your wishes or the wishes of a deceased family member or spouse.
Our mission is to make the probate process as simple, efficient, and stress-free as possible for our clients. We are here to guide you through every step of the process, from validating the will and identifying assets to settling debts and distributing property. Our licensed Orlando trust litigation attorneys will fight for your rights both inside and outside of court.
Client Success Stories
Discover why clients trust and recommend our legal services.
Charles “Chad” Walker has served Gibbs & Register, Inc. for the past ten years as our de facto general counsel. Chad has demonstrated both a broad knowledge of general legal matters and has been exceptional when it comes to construction law. His knowledge of both the law and the specifics of each issue he has advised us on has been well researched and his proposed strategies have been successful.
Amazing Just Amazing. The James and his team were fabulous. I want to thank everyone for helping me through this probate process. Every question I had you guys always answer and I am really thankful. The different modes of communication was wonderful especially for me that has a busy schedule. I would definitely recommend to anyone they are great at what they do.
Working with James and his team has been great. They are a hardworking group that cares about their clients. I highly recommend.
I had a great experience and would definitely use them again for any estate planning needs. Thanks guys!
