Disputes over the distribution of a loved one’s assets can overwhelm a grieving family. Probate litigation involves complex laws and multiple different parties. If you are questioning the validity of a will, our probate litigation lawyer serving The Villages can help. We can also defend your handling of an estate if you are the executor or administrator.
We understand probate litigation can cause emotional and financial upheaval for your family. The Attorneys at Bogin, Munns & Munns want to help you move on from this procedure and focus on honoring your loved one.
Disputes Can Arise Over Wills
A loved one’s final will and testament are intended to express their wishes regarding the distribution of their property, wealth, and assets. Sometimes, even when a will is duly recorded, it might not be as final as was intended. A family member may still challenge a will on one of the following grounds:
- The will is invalid because it was signed under duress.
- The signer was not of sound mind at the time of signing.
- The signer was unaware of what they were signing.
In some cases, fraudulent documents and forgery may come into play. If the disputing party is successful in challenging the validity of a will, the court can overturn it and make a decision on the division of assets and fiduciary responsibilities. With our guidance and support, you can raise the right questions and fight for fairness.
What if a Will Has a No-Contest Clause? Can I Add Such a Clause to My Will?
You may have heard of a will with a condition threatening the inheritance of anyone who challenges the will in any way. You do not have to be afraid of disputing a will that you do not believe is valid. In addition, in theory, you could add a clause to your will that penalizes anyone who contests its contents.
In actuality, Florida Statutes § 732.517 does not allow this type of provision to stand. It is, in fact, legally unenforceable. If you have legally sufficient grounds for disputing a will, this clause does not have to stop you. Similarly, if you want your own will, trust, or estate plan to go uncontested, our estate planning team can help.
To consult with an experienced probate litigation lawyer serving The Villages
(855) 780-9986
How Our Probate Litigation Lawyers Serving The Villages Can Help
We afford each of our clients personalized attention to make the legal process as stress-free as possible. When you want to challenge a will or create one of your own, our legal team serving The Villages can help with the following:
Probate Litigation
When we represent you, we will advise you of your rights and responsibilities. We can also carefully review your loved one’s will to help you dispute the handling of their estate. We can also help if you are facing probate litigation as the executor of the estate.
We can help:
- File your suit and handle all of the necessary paperwork
- Challenge the construction or interpretation of a will, trust, or estate plan
- Hold the executor of the estate responsible for fulfilling the stipulations of a will, trust, or estate plan
- Defend your handling of the estate
Estate Planning
Our estate planning team can also help you create your own estate plan. Doing so can help your family avoid probate litigation. Whether your estate is simple or complex, we can help you make difficult decisions now that will save your family from uncertainty and confusion in the future.
Our team can help to help with the following decisions:
- Appointing someone to make your health care decisions when you cannot
- Appointing someone to sign legal documents in your absence
- Appointing someone to make medical and end-of-life decisions for you
- Selecting guardians for your minor children or disabled adult children
- Defining where your property and assets will go upon your demise
Making these decisions now can ease tension and uncertainty now and later. We can also help you fight for your rights and inheritances by calling an invalid will into question.
Understand the Varied Roles in Probate Court
Aside from yourself and your attorney, the probate system involves multiple parties. A deceased’s person’s estate includes their debts and taxes, for example. With so many parties involved, probate litigation can become a long, complicated process.
In general, your case may involve the following parties:
- The appropriate clerk of the circuit court
- The appointed circuit court judge
- The designated executor
- The executor’s attorney
- Anyone filing a claim
- Any known creditors
- An Internal Revenue Service (IRS) decedent advisor
When we represent you, we will explain the significance of each role. We will also make sure you understand the process in its entirety and help you navigate it from start to finish.
A Lawyer Is a Requirement in Florida’s Probate Court
Wills, trusts, and estate plans are complicated legal matters. Even when they are not being contested, varying complex legal issues can surface, so Florida requires parties to have legal representation in most cases.
Our attorneys are familiar with estate and probate laws and regulations in Florida. We can put our knowledge and resources to work so you can grieve your loved one in peace.
The Villages Probate Litigation Lawyer Near Me
(855) 780-9986
Take Action With a Probate Litigation Attorney from Bogin, Munns & Munns
If you want to plan a will, trust, or estate plan or dispute the handling of an estate, do not hesitate to contact us. Our probate litigation lawyers serving The Villages can help you navigate the probate system from either side. Call us today to discuss your case and learn more about how we can help.
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