Probate Litigation Matters A Probate Litigation Attorney Can Help You With
After someone dies, their assets must be distributed to the correct heirs and/or beneficiaries through a legal process called “probate”. In Florida, the probate process involves, among other things, gathering and inventorying the decedent’s assets and liabilities, paying the decedent’s debts, and distributing the decedent’s assets to the rightful heirs and/or beneficiaries. If there is a Will, it will direct who inherits which assets. If a decedent died with no Will, state law outlines who will inherit which assets. However, even in a situation where there is a Will with clear instructions, disputes can arise. And if a dispute arises during the probate process, it can lead to probate litigation. Fortunately, probate litigation attorneys are available to help with probate litigation matters. Read on to learn about the types of probate litigation matters a probate litigation attorney can help you with.
Defining Probate Litigation?
Probate litigation can arise when there is a dispute in the probate process. When an interested party believes a wrong has been committed at some point during the creation of the Will or the probate process, they may wish to retain a probate litigation attorney and file the necessary petition.
What Probate Litigation Matters Can a Litigation Attorney Help You With?
As already stated, when an interested party believes a wrong has been committed at some point during the creation of the Will or the probate process, they may retain a probate litigation attorney and file the necessary petition. But when exactly do you need to retain the services of a litigation attorney? Probate litigation attorneys usually help with resolving, among others, the following disputes:
Sometimes a loved one’s Will may contain a mistake or omission that must be addressed. If a loved one’s Will has an error or omission, the Will may need to be disputed or contested in court. An interested party wishing to legally dispute or contest a Will in court can benefit a lot from retaining a probate litigation attorney.
Breach of Fiduciary Duties
If an executor breaches their fiduciary duty, seeking to suspend or remove them through probate litigation might be an appropriate option. If you believe that seeking to suspend or remove an executor through probate litigation is appropriate, a probate litigation attorney can help with that. Depending on the circumstances, a probate litigation attorney can even help with the recovery of damages from the executor for their fiduciary breach.
Failed or Delayed Asset Distribution
It is quite common for disputes to arise due to failed or delayed asset distribution. For example, noncompliance, failed communication, and delays in appraisal or liquidation can result in legal claims between beneficiaries and executors. Probate litigation attorneys help beneficiaries handle legal claims involving the property they are entitled to. A probate litigation attorney can help you receive the property you are entitled to.
Probate litigation attorneys also help people who believe they have wrongfully been left out of their deceased loved one’s Will. This may happen for a variety of reasons, one of the most common is that a person close to your loved had exercised undue influence on your loved ones decision-making process while they were particularly vulnerable. If you think it was a mistake for you to be left out of your loved one’s Will, a qualified probate litigation attorney can help you get your inheritance restored.
Contact a Fort Lauderdale Probate Attorney
At Joyce A. Julian, P.A., we can assist you in all areas of probate, including representing you in probate litigation. Please don’t hesitate to contact our Fort Lauderdale probate attorneys.