Polk County’s Premier Probate Litigation Attorneys
Probate litigation in Florida is a complex and multifaceted area of law that involves the legal process of administering a deceased person’s estate. This process ensures that the decedent’s assets are distributed according to their will or, if there is no will, in accordance with Florida’s intestacy laws.
Probate litigation can arise for various reasons, including disputes over the validity of a will, the interpretation of will provisions, the administration of the estate, and the rights of beneficiaries and creditors. Below, we provide an overview of probate litigation in Florida, outlining the key steps and common issues that arise in this legal process.
The Probate Process
The probate process in Florida begins with the filing of a petition for administration with the probate court in the county where the decedent resided at the time of their death. The petition is typically filed by the person named as the personal representative (otherwise known as an executor in other states) in the decedent’s will. If there is no will, an interested party, such as a family member, may petition the court to be appointed as the personal representative. The court will then issue letters of administration, granting the personal representative the authority to manage and distribute the estate’s assets. See our probate page to read more about this fascinating subject.
Common Points of Contention During Probate
Once probate has been initiated and notices provided, disputes sometimes arise. If the parties are unable to come to a settlement or find other solutions, then the only options is litigate the issue(s) before the court.
Validity of the Last Will and Testament
One of the most common issues that we at Mint see are disputes over the validity of the will. Interested parties, such as heirs or beneficiaries, may challenge the will on various grounds, including lack of testamentary capacity, undue influence, fraud, or improper execution. To contest a will, the challenger must file a formal objection with the probate court, and the court will hold a hearing to determine the validity of the will. If the court finds the will to be invalid, the estate will be administered according to a prior valid will or, if none exists, under Florida’s intestacy laws.
Contents of the Last Will and Testament
Disputes may also arise over the interpretation of specific provisions in the will. Beneficiaries may disagree on the meaning or intent of certain terms or clauses, leading to litigation. In such cases, the probate court will interpret the will based on the plain language of the document and the decedent’s intent, as expressed in the will. The court may also consider extrinsic evidence, such as the decedent’s statements or other documents, to resolve ambiguities.
Malfeasance by the Personal Representative
The personal representative has a fiduciary duty to administer the estate in accordance with Florida law and the terms of the will. This includes identifying and valuing the estate’s assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. Disputes may arise if beneficiaries believe that the personal representative is not fulfilling their duties or is acting in their own interest. In such cases, beneficiaries may petition the court to remove the personal representative and appoint a successor.
Elective Share and Homestead Rights
Florida law provides certain protections for surviving spouses, including the right to an elective share and homestead rights. The elective share allows a surviving spouse to claim a portion of the decedent’s estate, regardless of the terms of the will. Homestead rights protect the decedent’s primary residence from being sold to pay debts and ensure that the surviving spouse and minor children can continue to live in the home. Disputes may arise if the surviving spouse’s rights are not honored, leading to litigation.
How Much Does Probate Litigation Cost
The answer to this question depends on the specific facts of the case. But in general, we at Mint Law Firm refer to probate litigation as a “full blow litigation.” This is because the litigants are frequently family members or close friends. In these cases, emotions tend to run high, sometimes complicating settlement efforts and lengthening the time of the matter.
Mint Law Firm offers two flexible fee structures to accommodate the unique needs of each client: hourly and contingency. With the hourly fee structure, clients are charged based on the time spent working on their case, providing transparency and control over costs. Alternatively, under a contingency fee arrangement, our firm only gets paid if we win your case, taking a percentage of the settlement or judgment. This option ensures that you can pursue your probate matter without worrying about upfront costs, as our success is directly tied to your outcome. Our attorneys will discuss both options with you and determine the best approach based on your specific circumstances and legal goals.
Mint Attorneys Can Assist With Probate Litigation
At Mint Law Firm, we understand that probate litigation can be complex and emotionally charged. With decades of courtroom experience, our attorneys have the knowledge and skill to navigate even the most intricate probate disputes. Whether you’re challenging a will, handling a trust dispute, or dealing with other probate matters, we are committed to providing you with clear, strategic guidance to achieve the best possible outcome. By retaining Mint Law Firm, you can trust that your case will be handled with the highest level of professionalism and dedication, ensuring that your interests are protected every step of the way. Let our experience work for you during this challenging time.