St. Petersburg Probate Litigation Attorney
Probate is the slow process of administering a person’s estate after death. Any legal disputes within probate only lengthen the process, but litigation also threatens to reduce the size of the estate or expose personal representatives to legal jeopardy. Call Fisher & Wilsey, P.A. to discuss any probate issue. We have represented personal representatives as well as children or other heirs in litigation matters. You need timely, accurate legal advice which only a St. Petersburg probate litigation attorney can provide.
Types of Probate Litigation
Probate involves identifying and gathering the assets in a decedent’s estate and then paying bills and taxes. The final step involves distributing any remaining assets to named beneficiaries under a will or to family members if the deceased died intestate.
Many legal disputes can break out in probate. We have practiced in this area of law for decades, and we have seen litigation involving:
- Will contests. A disappointed heir might challenge the will and seek to have it set aside for various reasons, such as undue influence or the testator’s lack of capacity. The probate court will hold a hearing on this issue.
- Breach of fiduciary duties. The personal representative has certain obligations that come with the job. For example, they must not engage in self-dealing (such as buying estate assets at a discount) and must perform their duties with care. Sometimes, inexperienced personal representatives make simple errors which could serve as the basis of a lawsuit.
- Creditor claims. The deceased’s creditors are entitled to payment if they submit valid claims in time. Disagreements often arise over whether a creditor is entitled to payment.
- Trust reformation or modification. We can handle any litigation involving whether to modify a trust or correct a mistake.
This is only a short list of possible probate litigation. If you find yourself in probate and have questions, pick up the phone and call Fisher & Wilsey.
Find the Right Probate Litigation Attorney
Litigation has a way of spiraling out of control. The costs and fees could eventually drain even a large estate of most of its value. On the other hand, failing to vindicate your rights can cost you even more.
An experienced probate litigation attorney understands the importance of efficiently resolving disputes. Our firm has broad experience with negotiation, mediation, and other alternative dispute resolution techniques which can bring a dispute to a successful close. Don’t launch into expensive, time-consuming litigation when there is no need.
We also know how to find evidence for litigation in a way that is both time- and cost-sensitive. Instead of issuing blanket document production requests and churning through thousands of billable hours, our legal team will identify what information is most useful. Then we can find it using the right informational requests.
Contact Fisher & Wilsey, P.A. to Discuss Probate Litigation
Hiring a seasoned St. Petersburg probate litigation attorney is one of the most cost-effective choices families can make after the death of a loved one. Contact Fisher & Wilsey, P.A. to speak with our legal team.
