Estate litigation is stressful because it often involves family members disputing how a loved one conveyed assets in their will, if one exists. If there are flaws in a will or its execution, interpreting what the decedent wanted becomes more difficult and may require an experienced probate attorney.
When a testator (the deceased person who made a will) gives gifts to beneficiaries, the goal of the probate court is to honor the bequests at death. When there is confusion on this subject and the beneficiaries or heirs cannot agree, the probate court must intercede. If you are involved in a dispute over a will, a Florida estate litigation lawyer can represent you before the Probate judge.
What is an Estate?
People accumulate possessions and wealth (assets) during their lives, whether the assets are significant or modest. Everything a person acquires comprises their estate. When they wish to pass along their money, jewelry, homes, vehicles, and financial assets to loved ones and friends, they can draft a will, which is a valuable estate planning document that matches assets to beneficiaries.
When they die, their estate is settled in a court-supervised process called probate, whether they left a will or died without one (intestate). The judge overseeing probate can appoint an executor, who works with the court and acts as a personal representative for the decedent, or the testator can name an executor in the will. The executor identifies creditors, pays final taxes, and distributes assets according to Florida law. When the decedent dies intestate, state law governs how assets are distributed, which contributes to family drama when more distant relatives are left out. Experienced Florida lawyers work with executors and beneficiaries when estate litigation is likely.
How Wills Can be Found Invalid
There are situations where a person may try to exert undue influence over a dying person, such as trying to place them in the will when it is otherwise not the patient’s intent. Other reasons a judge can invalidate a will, or a beneficiary or executor can challenge it, include:
- The will is not signed;
- The will in not witnessed;
- The testator was defrauded into signing, such as when a person compels them to sign by telling them the paper is a different document entirely;
- The decedent was mentally incapacitated at the time the will was signed.
The probate judge will schedule a hearing if an estate is challenged. To ensure a challenge has merit and can be proved, it is important to contact a Florida estate litigation lawyer.
Other Challenges Leading to Estate Litigation
Other problems can arise. Executors must notify the decedent’s creditors, who then make claims against the estate for payment, which the executor can deny after investigating them. The probate judge will decide if the denied creditor has a valid claim.
Beneficiaries and executors may argue over the executor’s fee for settling the estate or another breach of their fiduciary duty to handle the estate in compliance with state law. In Florida, the fee is a sliding scale from 3 percent on the first $1 million, reduced incrementally to 1 percent on subsequent valuation that does not include assets left to loved ones. Out-of-the-ordinary expenses often cause beneficiaries to question executors, who must defend the numbers to the judge.
Learn How a Florida Estate Litigation Attorney Could Help Settle Disputes Today
The courts do what is necessary to ensure a Floridian’s will is administered properly after an interested person files a petition. It is not always smooth sailing if there are inherent flaws in the execution, heirs arguing over gifts they were promised, or the person died intestate after giving verbal wishes to unrelated beneficiaries.
Other reasons might fuel family members, friends, and creditors to challenge the way a formal administration is conducted. The probate court will hold a hearing when there is no consensus among interested parties. Whether you are an executor or beneficiary, the attorneys at The Florida Probate & Family Law Firm are the Florida estate litigation lawyers who settle disputes. Call today for your free case evaluation.