Estate litigation is a reality in today’s litigious world. The failure of people to properly prepare their wills and trusts, or the failure to properly administer an estate, is a breeding ground for litigation. And, even the best-prepared legal documents can wind up in the Florida court system. When this happens, you’re going to need an experienced estate litigator in your corner. The attorneys at [site:nmae] believe that our experience as trial lawyers gives us a distinct advantage in settling and litigating estate claims.
Estate Litigation – During probate—the name given to the legal process of administering an estate—it’s not unusual to have one or more items contested. Probate battles can be emotionally painful and financially costly. Before entering one, it’s beneficial to sit down with an estate litigation attorney and determine whether it’s worth it to pursue your claim in the Florida probate courts. Oftentimes, the parties can come to a mutually acceptable agreement. However, if an agreement cannot be reached, our trial attorneys are prepared to aggressively represent your rights throughout the litigation process.
Will Contests – One of the most common types of claims in the litigation of estates is the contesting, of the deceased’s Last Will and Testament. Naturally, there are two sides to these battles. One party makes a claim against the executor’s (personal representative’s) interpretation of the will and the other party must defend against that claim (if he or she chooses to do so). This also involves challenges to the execution or the validity of a will or testamentary document. We have extensive experience in on both sides of litigation involving will contests.
Undue Influence – Florida law recognizes that a testator’s weakened physical or mental state might provide the opportunity for an unscrupulous individual to try to affect the testator’s decisions about his or her will. This is referred to as undue influence. To successfully prove undue influence, the petitioner must show that the unscrupulous individual’s action(s) amounted to such a degree that the testator’s mind and will power was taken over by the bad actor. The Florida Supreme Court, in the Carpenter case, has set forth a series of 7-10 factors (known as the Carpenter Factors) which if present raise a presumption of undue influence. Of course, slighted heirs may make a false claim of undue influence to try to obtain a greater portion of the estate. We have extensive experience prosecuting and defending such actions.
Fiduciary Misconduct – This occurs when the person who has been put in charge of administering a will or trust fails to live up to his or her legal obligations or performs them in a manner that is counter to the intent of the testator. Fiduciary misconduct can occur with trusts (Trustee Misconduct) or wills . We have extensive experience in handling fiduciary misconduct cases.
Trust Contest – Like a will contest, this is the challenge to provisions of the trust by an interested party.
Aid and Direction – In Florida probate and trust law, there are times when the trustee or personal representative seeks the advice of the courts for answers. For instance, if he or she believes that the law is unclear or unsettled via case law, the estate lawyer could seek “aid and direction” from the courts. If you are an executor, administrator or trustee, you should consult with competent legal counsel if there is any question as to whether your actions are allowed by law.
Breach of Fiduciary Duty – A fiduciary can be removed if his or her performance is inadequate or fails to live up to one or more of his or her legal responsibilities. This can trigger the court to remove the fiduciary or force him or her to correct the breach. Much of the estate litigation involves whether an executor, personal representative, or trustee has breached his or her fiduciary duties to the heirs and beneficiaries.
Contact a Fort Pierce Estate Litigation Lawyer
Estate litigation is a very specific field of Florida law. Having an experienced estate litigation trial lawyer on your side—whether you’re the plaintiff or defendant—can be invaluable. To make an appointment with a Florida estate litigation attorney, contact our Fort Pierce office at 772-464-8200.
