The Four Most Common Reasons for Probate Litigation in Florida
The Florida Courts explains that probate is the court-supervised process through which a deceased person’s estate is settled. It has the potential to be a complicated, even contested process. At Fisher & Wilsey, P.A., we have extensive experience with probate litigation. Here, our St. Petersburg probate litigation attorney highlights the four most common reasons for litigation in Florida.
1. A Challenge of the Will (Will Contest)
One big role of the probate court in Florida is to confirm the existence, legitimacy, and meaning of the decedent’s will. Under Florida Statutes § 732.518, interested parties have a limited period to challenge the validity of a will after it is admitted to probate. Grounds for contest include lack of testamentary capacity, undue influence, fraud, duress, or improper execution. For example, a will may be set aside if the testator was not of sound mind at signing. These can be very complex, highly emotional cases. Our St. Petersburg probate litigation attorney can help.
2. Issues Over Personal Representative
Another major area of conflict involves the appointment and/or the conduct of the personal representative. Under Florida Statutes § 733.504, beneficiaries can petition to remove a personal representative for reasons such as failure to perform duties, mismanagement of assets, or conflict of interest. Allegations may include self-dealing, improper distributions, or refusal to communicate with heirs. Because the personal representative owes fiduciary duties to all beneficiaries, there are many potential claims. Our St. Petersburg probate litigation lawyers help with these cases.
3. Creditor Claims
A creditor may attempt to make a claim on a portion of the estate to settle an outstanding debt or other financial obligation of the decedent. Creditor disputes are another common source of Florida probate litigation. Under Florida Statutes § 733.702, creditors must file claims within a strict deadline, generally three months after notice of administration is published. Personal representatives are responsible for reviewing and either paying or objecting to claims. Litigation can arise if there is a dispute about what (if anything) a creditor is owed.
4. Disputes Over Asset Distribution
Finally, probate litigation can arise over the actual distribution of property and assets. Even when a will or trust is valid, disagreements can arise about the interpretation of provisions, valuation of assets, or fairness of distributions. For example, one beneficiary may allege that property was misallocated or undervalued. Others may argue over elective share rights, family allowance, or the homestead exemption. Our St. Petersburg probate dispute attorneys can help you navigate the process in the best possible manner to protect your rights and your interests.
Call Our St. Petersburg Probate Litigation Lawyer Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning lawyer is skilled, knowledgeable, compassionate, and solutions-focused. If you have any questions or concerns about probate litigation, please do not hesitate to contact us today for a fully confidential consultation. We have an office in St. Petersburg and we handle probate litigation throughout the region in Florida.
Source:
help.flcourts.gov/Other-Resources/Probate
