Probate litigation in Florida involves legal disputes that arise during the probate process. These disputes can arise for various reasons, including challenges to the validity of a will, disagreements among beneficiaries or heirs, claims of undue influence or incapacity, or disputes over the actions of the personal representative or trustee.
One common type of probate litigation is will contests, where a party challenges the validity of a will based on factors such as fraud, forgery, lack of testamentary capacity, or undue influence exerted over the deceased. In these cases, the court may invalidate the will entirely or determine the validity of specific provisions.
Another frequent area of probate litigation is disputes over the administration of the estate. Beneficiaries or heirs may challenge the actions of the personal representative, alleging mismanagement of assets, failure to properly distribute property, or breach of fiduciary duty. These disputes often require court intervention to resolve and ensure the fair distribution of assets.
Additionally, disputes can arise over trust administration, involving allegations of breach of fiduciary duty by trustees, mismanagement of trust assets, or failure to comply with the terms of the trust document. Trust litigation may also involve contests over the validity of a trust or modifications to trust provisions.
Probate litigation can be emotionally and financially draining for all parties involved. It often requires skilled legal representation to navigate the complexities of Florida probate law and effectively advocate for a client’s interests in court. Brantley Oakey is a highly-rated probate litigation attorney who is dedicated to providing strategic and effective legal representation to clients involved in probate disputes, helping them achieve favorable outcomes and resolution of their cases.