Probate Litigation
SW Florida Probate Trial Lawyers
At SW Florida Probate Trial Lawyers our attorneys handle complex, high stakes probate litigation cases.
Our team of highly skilled trial lawyers represent clients in a wide range of probate, trust and other estate related conflicts.
Collectively, our attorneys have more than 200 years of legal experience litigating complex cases and issues.
We draw on this experience to aggressively advocate for clients involved in significant estate and inheritance disputes.
Our Practice Involves:
Probate Litigation
When an individual passes away, probate is the legal process used to settle the individual’s final affairs. When a dispute develops during the course of probate, the attorneys at SW Florida Probate Trial Lawyers are well positioned to litigate the conflict in court.
Estate Litigation
Estate-related disputes generally involve a diverse range of complex legal issues. Successful resolution of these types of conflicts requires a dedicated legal team that knows how to best advocate for clients involved in estate disputes.
Trust Litigation
Trusts provide for the distribution of an individual’s assets while he or she is still alive or at the time of death. Similar to a will, trusts can be challenged by beneficiaries and other interested parties. These types of disputes tend to be highly complex and are best handled by a team of skilled trust litigation attorneys.
Guardianship Litigation
When a person becomes incapacitated and needs to be protected, the court may appoint a guardian under Florida law. Litigation in guardianship matters can involve conflicts over the appointment of a guardian as well as disagreements over guardianship removal.
Will Contests
Will contests involve a challenge to the validity of a decedent’s last will and testament. In Florida, wills can be challenged on a number of grounds by heirs, beneficiaries and other interested parties. The attorneys at SW Florida Probate Trial Lawyers have the skills and experience necessary to litigate complex will contest cases.
Undue Influence
Undue influence generally occurs when an individual is not able to act voluntarily when executing a will or trust because they were coerced or forced into action as a result of the improper pressure of another person. This type of litigation is complicated and fact-specific and should be handled by skilled trial attorneys who know how to litigate undue influence cases.
Fraudulent Will
When an individual signs a will based upon false statements, the will may be fraudulent. Fraud allegations can be difficult to prove in court and require experienced trial attorneys who can uncover the truth to protect the rights and interests of the parties involved.
Inheritance Fraud
Cases of inheritance fraud often involve actions by a deceitful caregiver, friend or family member to alter or forge the will of a sick or elderly person. Other cases involve situations where a person steals, hides or refuses to turn over the assets of a decedent. If inheritance fraud has taken place, you will need an aggressive team of trial attorneys to advocate for you and your family members.
Lack of Mental Capacity
An individual is required to have the mental capacity to make a will or trust. When a testator lacks the capacity to understand the nature of his or her actions, the amount and nature of the assets and/or the people to whom they are going to be distributed, the will may be declared invalid. If you are considering filing a legal challenge to a will or trust based upon a lack of mental capacity, you should discuss your situation with the skilled litigators at SW Florida Probate Trial Lawyers.
Power of Attorney
Challenges to a power of attorney can arise when the power of attorney was obtained through undue influence or executed by an individual who lacked the capacity to execute a power of attorney. Powers of attorney can also be challenged when abuse or misuse of authority takes place. These types of cases can be very difficult to litigate and require a skilled trial attorney who knows how to prepare and litigate complex cases.
Breach of Fiduciary Duty
When a person or entity assumes the position of a fiduciary, they are legally required to act in good faith, in accordance with the terms of the will or trust and in the best interests of the beneficiaries. When a personal representative or trustee fails to meet such duties, a breach claim may be filed. If you are thinking about filing a legal action, you should consult with the skilled trial attorneys at SW Florida Probate Trial Lawyers.
Elective Share
Under Florida law, surviving spouses have the legal right to an “elective share” of a decedent’s estate. While the elective share laws are designed to ensure that a surviving spouse will not be left empty-handed, they are complex and challenging to understand. When an inheritance dispute involves an elective share matter, the probate litigation attorneys at SW Florida Probate Trial Lawyers will carefully analyze your case and advocate for your rights in court.