Objecting To Probate In Florida

Grieving the loss of someone you love is one of the hardest things you will ever have to experience. During this extremely difficult time, the last thing you likely want to do is deal with the court system. Still, state law in Florida stipulates that the estate of a decedent must go through the probate process. The probate process is meant to validate, or prove, any will that is left behind, pay creditors, and ensure that property is distributed properly.

In Florida, disputes can sometimes arise regarding the property in someone’s estate, particularly if it is not distributed properly. If you think there is an issue with how your loved one’s property is being distributed, you need legal advice from a Daytona Beach probate litigation lawyer.

When is Objecting Probate Necessary? 

While your loved one’s estate is being administered in the probate courts, you have the right to object. In fact, resolving objections and disputes that arise is one of the main purposes of the probate process. Any objection to the process must be resolved before your loved one’s estate can be administered and ultimately, closed. You have the right to object to the manner in which property is being distributed if you have valid reason to believe so. Some of the most common reasons for objections to probate include:

• You dispute a payment made to a creditor that filed a claim against the estate
• You do not agree with the person who was chosen as personal representative
• You have reason to believe the personal representative is mismanaging the property within the estate
• You have reason to believe that certain estate planning documents, such as a will or trust, is invalid

The above are just a few of the most common reasons people object to probate in Florida. Any time there is a disagreement regarding probate proceedings, it is important to speak to a probate litigation lawyer.

Who has a Right to Object to Probate? 

Anyone who has an interest in the estate has the right to object to probate. For example, during probate the personal representative of an estate will notify all creditors about the death. If the decedent had debts upon their death, the creditors are notified and can make a claim against the property in the estate to satisfy the debt. If anyone objects to these claims, they can do so during the probate process if they have an interest in the estate.

Disputes between beneficiaries may also arise during probate and this can result in an objection during the process. For example, if the deceased left behind two wills, beneficiaries may disagree about which one is valid and object to the proving of the will.

Our Probate Litigation Lawyer in Daytona Beach Can Help with Your Case 

If you have a dispute about your loved one’s estate, our Daytona Beach probate litigation lawyer at Bundza & Rodriguez can provide the legal advice you need. Call us today at 386-252-5170 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html