The process of sending an estate through probate can lead to complications. While probate courts are eager to act quickly to ensure that a decedent’s wishes are followed, it is still important to show that those wishes are legal in the first place. It is not uncommon for there to be litigation during the probate process. This can occur at any stage of probate, from validating the authenticity of a will (if one exists), to challenging the qualifications of a personal representative, to questioning the proper distribution of property.
A Pinecrest estate litigation lawyer can help you when the time comes to manage an estate. A trustworthy probate attorney can make arguments in court and draft motions that promote your position.
Potential Reasons for Estate Litigation in Pinecrest
The outcome of a probate court’s ruling concerning the rights of members of an estate can have a major impact on a person’s future. For example, a last will and testament may indicate that a potential heir no longer has any stake in the family business. While contesting wills is certainly a key function of a Pinecrest estate litigation attorney, there are other ways to assist in court, including:
- Filing suits against executors of estates and alleging that they failed to act in good faith;
- Requesting that a court disqualify an executor;
- Bringing a claim against an estate as a creditor;
- Arguing for the inclusion of a life insurance or pension policy as a part of an estate as a whole;
- Challenging the validity of a power of attorney or guardianship.
A lawyer must determine if there is a legal argument that holds water for the rights of individuals and then promote those rights in probate court. However, the proper time to make these challenges, according to Florida Statute § 732.518, is only after the testator has passed away.
Advantages of Working with an Estate Litigation Lawyer
In addition to requiring a close reading of the Florida statutes, it is also important to understand the rules of the local courts. These cases tend to focus on specific areas of law and whether a person has the ability to file a complaint. A failure to understand the relevant procedures can lead to an unfavorable result or even the court refusing to hear one’s petition.
However, even if the case does get to court, it is essential to make a powerful and reasonable argument. Because many estate litigation cases can involve disputes between family members, it is not unusual for people to allow their personal relationships to get in the way of their legal arguments. An estate litigation lawyer in Pinecrest can provide knowledge about the court system and be prepared to devote the necessary time and resources to make the proper argument on behalf of their client.
Speak with a Pinecrest Estate Litigation Attorney to Obtain Help Today
Probate court can sometimes become difficult if a large estate is at issue. There may be an honest dispute over the terms of a will, questions over whether a person had the right to make decisions regarding a loved one’s affairs, or a concern that a personal representative is not qualified to fulfill their duties.
A Pinecrest estate litigation lawyer can prepare cases for court and make those arguments in person before a Judge. The team at The Florida Probate & Family Law Firm can work with you to discuss your goals, research the relevant legal requirements, and appear in person to help make those goals a reality. We offer free consultations, so reach out to us via phone or contact form and learn what your options are today.