What Is Florida Probate Litigation?

Losing someone you love is one of the most difficult things you will ever go through. However, handling their property after their death can also raise certain challenges and may even result in probate litigation. It is imperative to understand what probate litigation is, who is involved, and how it differs from administering a person’s estate. Below, our Daytona Beach probate litigation lawyer explains in greater detail.

When is Probate Litigation Necessary? 

In Florida, the probate courts oversee cases that involve one person handling, or potentially handling, the affairs of someone else. The probate courts have many responsibilities, including overseeing probate litigation. Probate litigation occurs when a dispute arises regarding the execution of a trust or the administration of someone’s estate. If a will has been submitted to the court, someone may challenge it. This is the most common type of probate litigation. Or, multiple beneficiaries may challenge how the estate’s property is distributed.

Essentially, in order for beneficiaries and family members to ensure a loved one’s wishes are being respected, probate litigation may be necessary.

Common Types of Florida Probate Litigation 

Probate litigation involves many different types of petitions and lawsuits in the probate court. These include:

• Appointing a personal representative: If there is no will, the probate courts will appoint a personal representative to administer the decedent’s estate. If the family members dispute who should act as personal representative, probate litigation may be necessary. This form of dispute does not typically take long to resolve.
• Will contests: Of all the different types of probate litigation, will contests are one of the most common. A will contest occurs when someone challenges the validity of the will. The most complex will contests involve undue influence, which require beneficiaries to prove that someone was coerced into writing or changing a will.
• Elective share disputes: Surviving spouses are entitled to a spousal elective share under Florida law, even if they are omitted from a will. Generally, a spouse is entitled to 30 percent of their spouse’s estate, regardless of what is written in the will.
• Creditor claims: Creditors have a certain amount of time to file a claim against the estate to recover debt owed to them by the decedent. Personal representatives can challenge these claims if they do not believe the debt is valid. This can also lead to probate litigation.
• Breach of fiduciary duty: Heirs and beneficiaries may have a dispute with a trustee, administrator, or personal representative if they believed these individuals breached their fiduciary duty. They can ask the court to remove the fiduciary, and seek financial compensation for any harm caused to the estate.

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

Probate litigation can become extremely complex. At Bundza & Rodriguez, our Daytona Beach probate litigation lawyer can help with any dispute that arises and make the process as easy as possible for you. Call us today at 386-252-5170 or chat with us online to schedule a consultation with our experienced attorney 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