When you lose a loved one, the pain can be excruciating. It is even more heartbreaking when family members fight over the estate.
We have all seen high-profile celebrity cases in which loved ones fight over assets, leading to drawn-out legal battles. One of the most common ways these disagreements start is through contesting the will. Unfortunately, resolving these disputes often requires litigation, adding further stress to an already emotional time.
There are several steps involved in taking a probate case to trial, including a pre-trial, where groundwork is laid to prepare for courtroom proceedings. The experienced probate attorneys at The Florida Probate & Family Law Firm are well-equipped to guide you through Florida probate pre-trial actions, providing tailored representation to protect your rights during this difficult time.
Understanding Pre-Trial Actions in Probate
Before getting to trial, a probate case has to be initiated, which requires some basic foundational steps.
Opening the Estate
To start a probate proceeding, whether it is contested or not, you must file a Petition for Administration. This allows the probate court to appoint a personal representative to oversee the estate assets.
Notifying Creditors and Beneficiaries
Notification is another crucial step in probate proceedings. All interested parties, including creditors, must be informed of the probate case and given the opportunity to make claims or contest the proceedings.
Inventorying and Valuing Assets
An inventory or a detailed list of the deceased’s assets is required to let the probate court know what assets are at issue. This can include real estate, bank accounts, retirement funds, and personal property.
These steps are necessary for any Florida probate case, including a contested case, and must be completed before any trial, including a pre-trial, can take place.
Why Probate Cases Go to Trial
Most Florida probate cases are resolved without going to trial or pre-trial, but disputes can sometimes make litigation unavoidable. One of the most common reasons a probate case must go to trial involves someone disputing the validity of the will. This can include allegations of undue influence, where a beneficiary is accused of coercing the decedent into altering their will, or claims of fraud or forgery. A party may even argue the deceased did not have the mental ability to create or modify their will, causing the case to go to trial.
How Pre-Trial Actions Impact the Outcome of a Case
The pre-trial phase is critical as it allows your attorney to build a strong case before entering the courtroom. During this time, our team could collect and review evidence, develop a legal strategy, and explore resolution options.
Mediation provides an opportunity to resolve disputes with the help of a neutral mediator, potentially saving time and costs while avoiding the unpredictability of a trial. Additionally, the pre-trial conference serves as a vital step where attorneys and the judge can discuss the case’s progress, address unresolved issues, and set deadlines, ensuring the case is ready for trial.
Work with a Florida Attorney on Probate Pre-Trial Actions
The probate process can be overwhelming, especially when disputes arise over a contested will. At The Florida Probate & Family Law Firm, we possess decades of experience in probate law and a deep connection to the community. Our attorneys offer compassionate, assertive, and personalized representation to protect your interests and resolve disputes as efficiently as possible.
Contact us today to learn how we can provide the insight and reassurance you need during this difficult time.