South Florida, including Miami-Dade, Broward and Palm Beach Counties is a hotbed for probate litigation cases due to the large number of wealthy retirees that have come here to live out the remaining years of their lives. As a result, many of these wealthy retirees pass away as residents of South Florida, which generally means the South Florida probate courts would have jurisdiction over their estates.
While many of the estates will proceed as an uncontested probate or trust administration, many more will not.
So what is probate litigation and why does it occur?
Probate litigation generally involves disputes over issues such as ageing and the elderly, and death. More specifically it tends to involve disputes over the care and management of an elderly or disabled person and their assets, or the management and administration of their estates after death. Probate litigation after death typically involves litigation disputes over inheritance whether passing to heirs, beneficiaries, charities or to pay creditors as designated through a Will, Trust, Pay on Death Accounts or other forms of jointly held property.
Common types of Florida probate litigation cases include:
- Florida Will Contests
- Reformation and Termination of Florida Trusts
- Breach of Fiduciary Duty, Removal and Surcharge
- Elective Share disputes
- Exploitation of Elderly
- Compensation and Fee Disputes
- Breach of Power of Attorney
- Disputes over changes to Joint and Pay on death Account designations
- Intentional Interference with Expectancy of Inheritance
- Determination of Beneficiaries
- Creditor Claims against Estate and trust
Probate Litigation can be costly, not just financially, but also emotionally and can lead to divisions among family that can never be repaired. It is generally wise to explore potential resolutions prior to litigating a probate matter, but often these attempts become impossible and probate litigation is the only means of protecting and preserving your inheritance or protecting the rights of an elderly or disabled adult. It is always beneficial to speak with a probate litigation attorney, one who is experienced in handling probate litigation matters to explore potential resolution strategies as well as to initiate any probate litigation deemed necessary as Florida’s probate and Trust statutes are extensive and can be complicated. Consulting with an attorney who has a good understanding of Florida’s Probate and Trust laws can significantly reduce additional costs and complications of an already emotional and complicated situation.
Contact a South Florida Probate Litigation Attorney at the Law Offices of Christopher P. Taylor today. The initial consultation is free and can greatly reduce the stress and difficulty one can expect when dealing with potential probate litigation matters.