Trustees may manage an individual's resources while they are older or medically vulnerable. They may also play a key role in estate administration if a trust is a decedent’s primary testamentary instrument. Trustees may spend years of their lives managing trust...
Complex Legal Challenges
Probate Litigation
When can a will be challenged?
A will determines how an estate should be distributed after the passing of a loved one -- and most are never challenged. Challenging a will would be beneficial and right, however, if there is a belief that there are issues with the validity of a will. Not everyone...
Does contesting a will put an inheritance at risk?
Probate courts help provide oversight during estate administration. They guide the distribution of property when someone dies without a will and help ensure a personal representative follows the estate plan. They can also help resolve disputes about an estate or an...
Who may be vulnerable to undue influence on their will?
Adults generally have the legal right to establish an estate plan. They may do so because they worry about their loved ones or because they have specific intentions for their property. Theoretically, testators drafting wills have total control over the terms that they...
What is probate litigation?
Probate is the court proceeding that takes place to administer the estate of a deceased person. It can happen with or without a will. If there is a will, someone must file that document with the court. The probate process is administrating the estate of the person who...
Executors owe the estate and its beneficiaries a fiduciary duty
Executors have a good deal of authority as they administer an estate, but that does not mean they have unquestionable authority. The law requires them to always act in the best interests of the estate and its beneficiaries when performing their roles. In other words,...
Probate: When is it necessary?
Residents of Tampa and other areas of Florida may want to learn more about what situations make probate necessary. Laws vary from state to state, but Florida has a streamlined process for estates under $75,000. Estate planning is easier with a knowledge of the...
What can I do when I think a will is wrong?
Probate is the formal legal process where the court recognizes a will. It involves the court naming an individual or institution to administer the estate as directed by the will. This representative or executor must account for all assets and debts of the estate...
The most common causes of probate litigation (and how to avoid them)
When you pass on, the last thing you want is for your children and other relatives to fight over your estate instead of coming together in their time of mourning. Unfortunately, probate litigation is all too common, and it tears families apart. While there’s no way to...
Beware! Service of a Notice of Administration May Require Action
In our probate practice, we commonly have clients come in after having received certain probate papers. Usually, this is because there has been a death of a loved one and someone is trying to open a probate. Often among those papers served there is a document entitled...