What Can Trigger Probate Litigation?

Estate planning is a priority for many people in Florida so they can ensure their assets are easily distributed to loved ones after they pass away. However, even the best-laid plans can end up in the courtroom. Florida has unique demographics with a high concentration of retirees, a high rate of second marriages, and complex blended families. All of these factors make probate litigation a real possibility in the state. Below, our Daytona Beach probate litigation lawyer explains the most common issues that can trigger disputes.

Lack of Testamentary Capacity

When someone raises the issues of a lack of testamentary capacity, they are arguing that the testator was not of sound mind when drafting their will. When someone drafts a will, they must understand who their natural heirs are, as well as the nature of the property they own. If someone signed their will while suffering from Alzheimer’s or dementia, it can result in litigation. Heavy medication can also interfere with testamentary capacity. Often in these cases, witness testimony and medical records play an important role in proving a lack of testamentary capacity.

Undue Influence

Undue influence occurs when a family member, neighbor, or caregiver pressures someone drafting a will to ensure it includes and benefits them. The probate courts in Florida take the matter of undue influence very seriously. In fact, under state law, if a person benefits from a will, had a confidential relationship with the testator such as a caregiver-patient relationship, and was actively involved in obtaining the will, there may be a presumption of undue influence.

Improper Execution

The Florida Statutes outline certain requirements wills must meet in order to be valid. These are as follows:

All wills must be in writing.
The testator must sign at the end of the document.
The will must be signed by at least two witnesses in the presence of each other and the testator.

Handwritten wills and many do-it-yourself will kits do not meet these statutory requirements. These types of wills may be thrown out in their entirety, which can result in lengthy probate litigation and disputes over who inherits property under the intestacy laws in Florida.

Breach of Fiduciary Duty

Probate litigation does not always involve wills. Personal representatives can also become the target of probate litigation if beneficiaries believe they have failed to provide a timely accounting of assets in the estate, did not pay taxes, mishandled investments, or acted in a self-dealing manner. For example, a personal representative may self-deal by selling property to themselves at a discounted price.

Our Probate Litigation Lawyer in Daytona Beach Can Help Resolve Your Disputes

Probate litigation is not only complex but it can also damage close family relationships and create delays that prolong when beneficiaries receive their inheritance. At Bundza & Rodriguez, our Daytona Beach probate litigation lawyer can build a strong case and negotiate with the other side so your dispute is resolved as quickly as possible and so you obtain the most favorable outcome possible. Call us today at 386-252-5170 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

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