Fort Myers Estate Litigation Lawyer
An estate consists of all of the real and personal property owned by an individual less any debts and liabilities. When a person dies, his or her estate must be settled and properly distributed. Probate is the legal process used to identify the deceased’s assets, pay off any debts or obligations owed, and distribute the remaining property. When an estate is large, the distribution process can be complicated. Serious conflicts and disputes may arise over the distribution of the decedent’s property. When parties do not receive what they believe to be their fair share of the property, they may make objections and claims on the estate. These objections can be stressful for families and create significant delays in the settlement of the estate.
The attorneys at SW Florida Probate Trial Lawyers understand the many challenges associated with settling an estate. Our lawyers are seasoned trial attorneys who know how to litigate complex estate matters. We appreciate the difficulties and frustrations that arise when an estate is tied up due to a disagreement or conflict. We also know estate-related disputes can be emotionally charged and involve substantial sums of money. Our legal team is committed to working with clients to achieve a fair and positive result as quickly as possible. Our experienced team of litigators handle the toughest estate litigation cases and aggressively fight for the rights and interests of our clients.
Litigating a Diverse Range of Estate Disputes
The attorneys at SW Florida Probate Trial Lawyers represent clients throughout the South Florida region in a wide range of complex estate claims and disputes. Our firm litigates cases on behalf of beneficiaries, administrators, personal representatives, trustees and other interested parties. We have the experience, resources and skills necessary to litigate matters involving substantial estates, including cases involving:
- Will contests
- Probate Litigation
- Trust Litigation
- Undue Influence
- Lack of Mental Capacity
- Breach of Fiduciary Duty
- Fraudulent Wills
- Inheritance Fraud
The attorneys at our firm have more than 200 years of combined trial experience. We use our extensive litigation skills and training to develop strong case strategies for our clients. Every Naples estate litigation attorney in our firm understands the laws, rules and legal precedents governing estate distribution and settlement cases. Whether you believe an estate is being mismanaged or a will or trust should be found invalid due to fraud, undue influence, or a lack of mental capacity, our legal team will work with you to develop the right approach for your case.
Probate Laws and Procedures
Under Florida law, interested parties have the right to contest a will or trust without penalty. Section 732.517 of Florida Probate Code provides that any clause in a will or trust that threatens to penalize a beneficiary who contests the will or trust is unenforceable. Even if the will or trust contains such a clause and your challenge is unsuccessful, you will not forfeit your rights under the will or trust.
If you are involved in a will or trust contest or are dealing with a disagreement over an estate, you should discuss your situation with an experienced Florida estate litigation attorney. At SW Florida Probate Trial Lawyers, we know that the laws and legal procedures governing the distribution and settlement of estates in Florida can be confusing to navigate. Our lawyers appreciate the difficulties you are facing and will guide you through each step of the legal process. We promise to thoroughly review your situation, answer your questions and keep you fully informed of the status of your case at all times.