Probate Litigation

Probate litigation arises when disputes occur over the administration of a deceased person’s estate—during a time of mourning and grief, when families already face complicated financial challenges. These disputes can involve difficult issues such as the validity of a will, disagreements over asset distribution, challenges to the appointed personal representative, or claims of undue influence or fraud.

If you face a probate dispute, immediately consult an experienced probate attorney who can protect your interests.

Contact a Florida probate litigator near you to safeguard your rights, no matter your role, and ensure the probate process resolves smoothly and fairly.

Common Reasons for Probate Litigation

Probate litigation addresses disputes during the probate process. Understanding the common reasons for such disputes can help parties make informed decisions, including finding the right legal representation. Here are a few common reasons for probate litigation in Coral Gables, Florida.

Challenging the Will’s Validity

One major reason for probate litigation is challenging the validity of a will under Florida law. It may involve a claim that the deceased person was not mentally competent when making the will or that someone wrongfully caused them to create or modify the will in a way that does not reflect their true intentions.

Lack of Capacity

Another reason for probate litigation is the claim that the deceased person lacked the mental capacity to understand the implications of the will. If you can prove that the testator was not of sound mind when creating the will, the court may deem the will invalid, and disputes may arise regarding the distribution of assets.

Undue Influence

Undue influence refers to situations where someone exerts pressure or manipulates the testator into making decisions that benefit them or their interests. When you suspect undue influence, probate litigation may challenge the will’s validity and ensure the deceased person’s true intentions.

Breach of Fiduciary Duty Claim Against a Personal Representative

Probate litigation can also arise when there are allegations that the personal representative of the estate has breached their fiduciary duty. This may include mismanagement of assets, failure to distribute assets correctly, or conflict of interest in administering the estate.

In such cases, the interested parties may go to court in Coral Gables to hold the personal representative accountable for their actions.

Creditor Claims

Probate litigation may occur if creditors and the estate disagree about debt payment. Creditors may file claims against the estate, and the parties disagree or the estate lacks the funds to satisfy all obligations, litigation may need to determine the rightful distribution of assets.

All of these legally complicated and high-stakes situations require the right Coral Gables probate attorney.

Why Probate Litigation is So Complicated

Probate litigation presents many challenges due to:

• Emotions: Probate is triggered by a death, often of a loved one, which can already be an emotionally challenging time for those involved. Disputes during this process further add to the complexity and emotional strain.
• Legal technicalities: Probate litigation involves extensive knowledge of probate laws, rules, and procedures. Understanding how these technicalities apply to each specific case requires extensive experience.
• Evidence and documentation: Probate litigation relies on gathering and presenting evidence. This may include medical records, financial transactions, witness testimony, and other forms of documentation. Organizing and presenting this evidence effectively can be impossible without legal representation.
• Presenting a strong case: In many cases, probate litigation requires proving the testator’s state of mind when they drafted their will, which is difficult since they are now deceased and cannot testify. Presenting a strong case through circumstantial evidence can be challenging.
• Court proceedings: Probate litigation usually requires court appearances in Coral Gables Probate Court for hearings and motion arguments. A skilled attorney can appear in the courtroom environment and present arguments effectively in accordance with local procedures and standards.

Who Needs a Lawyer for Probate Litigation?

Probate litigation can involve multiple parties, all of whom need legal representation. Here are some of the common parties who should never try to handle this process alone.

Heirs

Heirs, or beneficiaries of the deceased person’s estate, may find themselves in probate litigation. When disputes arise, heirs may need legal representation to protect their interests and ensure fair distribution of assets according to the deceased person’s wishes.

Personal Representatives/Executors

Personal representatives or executors are appointed to administer the deceased person’s estate. While their role is to act in the best interest of the estate, conflicts and allegations of breach of duty can arise. A probate attorney can defend personal representatives against claims, as they might even be personally liable for breaches of fiduciary duties.

Creditors

Creditors to whom the deceased person owes debts may also become involved in probate litigation. This might even include family members who covered funeral or burial costs from their own pockets. They may need legal representation to ensure the probate process addresses their claims and resolves them fairly.

Other Interested Parties

Other individuals or entities with a legal interest in the estate may also participate in probate litigation. This can include individuals with potential claims against the estate, such as business partners or former spouses, or charities named as beneficiaries in the will.

Others might believe they should inherit under the law and the will unfairly left them out. Any party with an interest in probate litigation needs representation.

Always Have a Skilled Coral Gables Probate Attorney Representing You in Litigation

Given the complicated legal issues and potential emotional strain of probate litigation, hire a skilled probate attorney should a dispute arise. In fact, a lawyer can greatly benefit you during probate, even in the absence of a dispute.

A knowledgeable Coral Gables, Florida, estate planning and probate lawyer can oversee every step of the legal process, protect your interests, and seek a fair resolution to any disputes over the estate that may arise. They provide an objective perspective regarding your rights and options.

If you are facing probate litigation or even the probate process generally, contact a probate attorney near you as soon as possible.