After death, disputes frequently occur over the deceased person’s estate, whether the decedent is intestate or has executed a will or trust. Probate and trust disputes involve execution formalities, questions about capacity, inheritance conflicts, and financial mismanagement, among many other issues. While legal disputes are always emotionally and financially difficult, probate and trust disputes are particularly difficult because they are concurrent with grieving the loss of a loved one.
To protect the wishes of your loved one and your inheritance, you may have no other choice but to dispute a Will or contest a trust. In this situation, it is important to contact a skilled probate and trust litigation lawyer as soon as possible.
Florida Probate Disputes
Probate is the legal process by which one’s estate is settled upon death. A personal representative is named to administer the decedent’s estate, which includes paying taxes, paying off debts, and distributing the remaining estate assets to heirs. The probate process should settle the decedent’s assets in a manner consistent with the decedent’s wishes. Probate disputes often occur between heirs, beneficiaries, and personal representatives, when the decedent’s wishes have not been followed. Florida probate disputes arise from:
- Breach of fiduciary duties by personal representatives, executors, administrators, or guardians
- Undue influence
- Lack of mental capacity
- Challenges to the validity or terms of a Will
- Guardianship disputes
- Estate administration disputes
- Florida’s spousal elective share
Florida Trust Disputes
A trust is a legal entity used to hold money or other assets for the benefit of another person or entity and is often used to pass assets to beneficiaries while avoiding probate. A trustee is appointed to manage the trust assets and thereby has a fiduciary responsibility to the trust beneficiaries. Trust disputes frequently arise from:
- Breach of fiduciary duty by trustees
- Mismanagement or misappropriation of trust assets
- Disputes among trust beneficiaries
- Trustee self-dealing
- Trust accounting disputes
- Challenges to trust validity
- Trust reformation or termination disputes
Contact Our Florida Probate & Trust Litigation Attorneys
If you are embroiled in a heated probate or trust dispute with a personal representative, trustee, beneficiary, or other party, it is imperative to consult with an experienced Florida probate and trust litigation attorney as soon as possible. At Kelley/Uustal, our Fort Lauderdale lawyers are committed to guiding our clients through the complexities of Florida probate and trust litigation law while remaining sensitive to the delicate family dynamics involved.
Our attorneys can help you resolve your dispute as quickly and effectively as possible. We are equipped to assist you with all Florida probate and trust-related matters and have assisted families in Fort Lauderdale, West Palm Beach, Miami, and throughout the entire State of Florida. Call Kelley/Uustal today to arrange a free case consultation today at, 954-522-6601.