Estate plans are designed to provide a streamlined path toward distributing an individual’s assets to their chosen beneficiaries following their death. Despite the best efforts of the testator, these plans can result in estate litigation in Kendall.
If you are calling an executor’s probate choices into question or are pushing back against a party’s criticism of your handling of probate, you should not try to resolve this legal issue on your own. A mistake during the process could have significant financial consequences. Let a knowledgeable probate attorney guide you through this challenge.
Reasons for Estate Litigation
There are many reasons to challenge a will or pursue estate litigation. This usually involves some form of a dispute over the wording or enforcement of a trust and the outcome of these cases can have enormous financial consequences for all involved. Some of the reasons that frequently result in litigation include:
Will Contests
Contesting the validity of a will, if one exists, is one of the most common types of estate litigation in Kendall. There are also numerous reasons for interested parties to challenge the validity of the document.
Some wills are contested under grounds of coercion. In other words, these disputes occur when there is evidence that a person created or updated a will under duress. It is also common for there to be allegations that the creator of the will lacked the mental capacity to write or update it.
Conflicting Terms
Not all litigation regarding an estate involves a challenge to the will. In some cases, there can be disputes over conflicting or unclear terms. When terminology is unclear, it is not unusual for two interested parties to have differing views on what the testator was trying to say. The outcome of this dispute could result in very different outcomes for potential beneficiaries, which is why it might go into litigation.
Creditor Complaints
Some legal conflicts will come not from prospective beneficiaries but from creditors of the estate. It is important to remember that personal representatives not only have a duty to beneficiaries but to creditors as well. When the estate fails to protect the rights of creditors, it could result in a lawsuit.
Who Can Pursue Estate Litigation?
There could be multiple parties with the right to initiate estate litigation in Kendall. While many people think of estate litigation as a challenge to a will by beneficiaries, it is important to note that other parties besides beneficiaries could have grounds to pursue legal action.
Under the law, any “interested party” could be entitled to pursue litigation against an estate. This could include beneficiaries that believe they are entitled to a larger portion of the estate than they have been given. Interested parties could also include creditors or other individuals who believe they are owed something from the estate. Executors will sometimes have their decisions challenged and should seek out legal counsel when that happens.
One of the ways an attorney can help with these cases is by evaluating whether legal action is appropriate. There are times when viable grounds for challenging a will, or other forms of estate litigation, are not immediately obvious and require the analysis of a legal professional.
Contact an Attorney About Estate Litigation in Kendall Today
There are a wide range of legal issues that might require you to get involved in estate litigation in Kendall. For both beneficiaries and executors, it is critical to have a lawyer assist you in making your case. Reach out to an attorney from The Florida Probate & Family Law Firm right away to schedule a free consultation.