If there are any disagreements or doubts about your loved one’s final will and testament, trust, or other documentation, call the Orlando probate litigation lawyers at Bogin, Munns & Munns today.
Founded in 1979, our law firm has the experience and the drive to get your family through this difficult time. Our Orlando litigation and trial lawyers can guide you through every step in the probate process so you always know what is happening and how we are fighting for you.
Our Probate Litigation Attorneys Handle Everything for Orlando Clients
If you have never been through the probate process before, or if you were not expecting to have to go through probate after your loved one’s passing, it can be difficult to know where to start. You should not have to struggle through estate administration while grieving for your loved one.
Our Orlando commercial law lawyers are here to demystify the process and take on all necessary legal tasks on your behalf. Depending on your situation, this might include:
- Identifying the deceased’s personal representative. This person is responsible for ensuring outstanding debts are paid and distributing assets to all eligible beneficiaries. If the deceased did not appoint a representative, the court will select one.
- Filing all necessary paperwork, including a Petition for Administration (to get the case started) and a public notice to creditors (to give them a chance to recoup any money they were owed by the deceased).
- Reviewing the deceased’s will, if they had one, to determine what they wanted done with their assets.
- Assisting with the distribution of assets to all beneficiaries in accordance with the deceased’s will or the direction of the court.
- Dealing with all disputes, including if any beneficiaries try to argue about the terms of the will or if there is no will at all.
- Representing you in the Ninth Judicial Circuit Court of Florida, which has jurisdiction over probate matters in Orange County. They will rule on any disagreements that cannot be resolved out of court, so it is vital to present your case clearly and convincingly.
With our main office located right here in Orlando, you do not have to travel far to find a qualified and compassionate attorney to assist you.
No matter how long your case takes, Bogin, Munns & Munns can be there to ensure you do everything correctly and that you have a fair chance of receiving the assets your deceased loved one wanted you to have.
When Is Probate Litigation Necessary?
The future is often uncertain. Estate planning is one way for an individual to take charge of their legacy by documenting financial assets and healthcare choices while they are able. This can include:
- Creating or modifying a will
- Creating or modifying a trust
- Designating a personal representative
- Designating power(s) of attorney
When it comes to litigation in terms of probate, it means that there are matters of a will being contested. Probate litigation is not necessarily adversarial: for example, if the language of the will is vague or outdated, multiple affected parties may want legal assistance as they come together to clear things up and ensure the deceased’s wishes are carried out.
Common “contested matters” that are determined by probate courts can include:
- Contesting the validity of a will
- Contesting guardianship of dependents
- Breach of fiduciary duty
- Termination of trusts
- Reformation and modification of trusts
- Trust and will construction
Many situations can lead to probate litigation, including multiple marriages, not keeping wills and estate plans updated, or simply poor planning. Probate litigation cannot always be avoided, so it is important to have a qualified probate attorney there to help.
Our attorneys work aggressively to ensure your probate litigation matter is handled with the care you would expect from a firm that has been around for over 40 years. Call Bogin, Munns & Munns to schedule a consultation and let us see how we can help you today.
Frequently Asked Questions About Florida Probate Litigation
It is natural to have many questions about estate administration and the probate process. Bogin, Munns & Munns can address all of your concerns in terms you can understand. Some of the most common questions our Orlando probate litigation lawyers get include the following.
Are Bank Accounts Frozen When Someone Passes Away?
This depends on the financial institution. If the bank becomes aware that someone has passed away, it may freeze the account. If the bank does not know that a person has passed away, the account may not be frozen, but no one can access it. If there are automatic deposits or withdrawals, however, those may continue.
What Assets Are Subject to Probate?
All assets listed solely in the name of the deceased person—in other words, assets that are not co-owned by another, living individual—or that do not have a beneficiary designation are subject to probate.
These assets may be used to pay off the deceased’s debts, and whatever is left over will be distributed in accordance with court orders or the deceased’s will.
Is Probate Required if the Deceased Was Diagnosed With Alzheimer’s Disease or Dementia?
Yes. There is no exception to probate based on the cause of death.
Can Probate Lawyers Also Help With Estate Planning?
That depends on the law firm you hire. At Bogin, Munns & Munns, our team includes over 40 lawyers with experience in many different areas of the law, including probate and estate planning. Whether you are looking to settle a loved one’s estate, get your own affairs in order, or both, we can help.
Call Our Orlando Probate Litigation Lawyers Today
We are here for Florida and here for you. At Bogin, Munns & Munns, we understand how stressful probate is. Our Orlando probate litigation attorneys can represent you throughout the entire process and fight hard for the outcome your family is depending on.
Call today to get started.
