Probate law exists to ensure logical transfers of property after death according to the deceased’s wishes. However, even if a will exists and the probate process is in effect, disputes can still arise over violations of probate law.
Whether you are a personal representative of an estate or a beneficiary, an attorney at The Florida Probate & Family Law Firm can provide the guidance you need. A violation of Florida probate code lawyer can help you investigate breaches of regulations and resolve any disputes.
Common Violations of Probate Code
When a state resident dies, the handling of their estate is determined under the Florida Probate Code, outlined in Florida Statutes Chapter 731–735. Attorneys are expected to follow and provide guidance under the law, and probate judges are expected to follow and apply these laws. When an interested party (such as a beneficiary) believes the code has been violated, they can contest issues and file objections in probate court. Some common examples of violations are discussed below.
Non-Compliance with Legal Requirements
Under Florida Statutes § 732.502, a valid will must be signed by the testator (the person making the will) and witnessed by at least two people. If a testator cannot physically sign the document, they can direct another person to sign on their behalf. Flaws in this process (especially when a beneficiary believes a previous will would have benefited them) are common grounds for probate disputes.
Fraud, Duress, and Undue Influence
Challenges can arise when any interested party believes a will was affected by fraud, pressure, or undue influence from a potential beneficiary. Examples of fraud can include forgery or falsified documents. Coercion and duress occur when pressure is placed on a testator to sign a document they do not understand or do not agree with. Undue influence means a fiduciary (a person holding assets in trust for another person) or someone in a confidential relationship with the person making the will uses their influence to substitute their wishes for those of the testator. This is often seen in cases of elder abuse, where a person gains the trust of a senior with diminished capacity to make legal decisions independently.
Lack of Mental Capacity by a Testator
State law requires that a testator be of sound mind when making a will. This means they must:
- Understand the nature of a testamentary act (what it means to make a will)
- Understand the nature and extent of any property they own
- Understand who their heirs would be
- Understand how their property would be distributed after death
Proving that a person lacks capacity under Florida Statutes § 732.501 requires evidence that can include witness statements, medical records, and psychological evaluations. Experienced probate code violation attorneys in Florida know how to approach these complex and delicate legal situations.
When Do Probate Code Violations Lead to Litigation?
Issues such as those discussed above can lead to contested probate litigation and lengthy disputes during the probate process. Other possible probate violations include:
- Disputes between heirs
- Alleged theft of property
- Disputes over the priority of claims
- Misuse of power of attorney documents
- Other actions taken before or after a loved one’s death
Whether a person wishes to contest a probate matter or is accused of a probate code violation, a knowledgeable Florida lawyer can help determine the best way to proceed.
Speak with a Florida Attorney About Probate Code Violations Today
Probate is a specialized legal process designed to make property transfers simpler after a loved one passes. However, violations of probate law can complicate and lengthen these procedures. If you suspect wrongdoing or mistakes during the probate process, a violation of Florida probate code lawyer can help. Call us today to schedule a free case evaluation.