The Villages Probate Litigation Attorneys

What Does a Probate Litigation Attorney Do?

At our law firm, we have a multidisciplinary approach to probate litigation. Our skilled attorneys specialize in probate matters, personal injury, business planning, succession, 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

An executor or personal representative representation refers to the role of an individual or entity appointed to administer the estate of a deceased person. This party manages the estate and is involved in settling debts, distributing assets, and ensuring legal compliance.

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.

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 contests 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.

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. 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

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.

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.

Creditor Claims

Creditor claims refer to legal actions initiated by creditors to collect outstanding debts owed to them. Creditors can file claims against assets such as real estate, bank accounts, or other property to settle these debts. Creditor claims can result in judgments, liens, or other legal remedies to recover the owed amounts.

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 The Villages probate litigation attorneys.

Initially, the process begins with filing a complaint or petition, outlining the issues at hand. Subsequently, the parties involved engage in a discovery phase, gathering and exchanging evidence. This process can include document requests, depositions, and interrogatories. If a resolution cannot be reached through mediation or negotiation, the case may proceed to trial.

Can You Avoid Probate in Florida?

If you wish to avoid the probate process, partner with the right Orlando probate litigation attorneys to help manage your assets or the assets of a family member or spouse. Our 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.

Probate Laws in the State of Florida

Probate laws in Florida guide the administration of a deceased person’s estate to ensure assets are properly distributed according to the will or state law if no will exists. Key aspects include:

Types of Probate Administration

• Formal Administration – Used for larger or complex estates, requires a personal representative (executor), and involves court supervision throughout.
• Summary Administration – For smaller estates (under $75,000 in non-exempt assets) or if the decedent has been deceased for over two years, faster and less costly than formal administration, no personal representative is appointed.
• Disposition Without Administration – Applies when the estate only includes exempt personal property and non-exempt personal property valued less than the cost of preferred funeral and medical expenses.

Key Probate Requirements

• Filing the Will – Must be filed with the probate court in the decedent’s county of residence within 10 days of death.
• Appointing a Personal Representative – Appointed by the court to manage the estate. Must be a Florida resident or a close relative of the decedent.
• Notifying Creditors – Publish a notice to creditors in a local newspaper and notify known creditors directly to allow them to file claims against the estate.
• Inventory of Assets – The personal representative must file an inventory of the decedent’s assets with the court.
• Paying Debts & Taxes – The estate pays off debts, taxes, and administrative expenses before distributing the remaining assets.
• Distributing Assets – Remaining assets are distributed to beneficiaries according to the will or state intestacy laws if there is no will.
• Intestate Succession – If there is no will, Florida’s intestate succession laws dictate asset distribution:
  • Spouse & Descendants – If survived by both, the spouse receives a portion, and the rest is divided among descendants.
  • No Descendants – The spouse gets the entire estate if no descendants exist.
  • No Spouse or Descendants – The estate goes to other relatives like parents or siblings based on a priority order.

Homestead Property

Florida protects homestead property in probate:

• Exemption from Forced Sale – The primary residence is generally protected from creditors.
• Restrictions on Devise – The property transfer is restricted if the decedent has a surviving spouse or minor children.
• Elective Share – A surviving spouse can claim an elective share of 30% of the decedent’s elective estate, regardless of the will’s provisions.

Legal Representation

Due to the complexities of Florida probate laws, personal representatives and beneficiaries often benefit from legal representation to navigate the process effectively.

Find a Probate Litigation Attorney in The Villages, FL