If you have recently lost a loved one and are facing a roadblock during probate, a Titusville probate litigation lawyer from our firm can help.
They can file documents, analyze the decedent’s estate, and represent you during legal proceedings. They can also assist with living wills irrevocable trusts.
What is Probate?
Probate refers to a process that distributes the assets of a decedent to their beneficiaries and creditors. During probate, the court will oversee apportioning of the decedent’s property. Ideally, this process will run smoothly.
Sometimes, though, probate can cause disagreements between family members or other creditors. These disagreements can lead to a legal fight around the decedent’s property, commonly known as probate litigation. In Titusville, probate is supervised by the Brevard County circuit courts.
Probate Litigation Can Be Complex
The probate process has many rules and caveats. For instance, probate involves the appointment of a personal representative who will act as a supervisor. If no personal representative is named in the decedent’s will, this process can become complicated.
Our team of probate litigation lawyers at Bogin, Munns & Munns are familiar with the probate court. We can put our resources to work for you.
To consult with an experienced probate litigation lawyer serving Titusville, call 855-686-6752
Common Disagreements During Probate
There are a few common scenarios that can cause probate litigation, or complicate the probate process:
- The decedent passed away without writing a will.
- There is a disagreement about the intent of the decedent’s will.
- An executor or trustee breached their fiduciary duties.
- There is suspicion of undue influence on the decedent’s will.
- There is suspicion that the decedent didn’t have the mental capacity to write a will at the time of their passing.
These occurrences can cause an unfair distribution of a decedent’s property. An executor or trustee, who is entrusted by the decedent or court to apportion the decedent’s property, may act in bad faith. Similarly, you or another party may suspect that someone influenced the design of the decedent’s will to their benefit.
If you believe that someone is operating in bad faith during probate, a Titusville probate litigation lawyer working for Bogin, Munns & Munns can offer you legal support.
Titusville Probate Litigation Lawyer Near Me 855-686-6752
What Are My Rights as a Child or Spouse of The Decedent?
In the absence of a will that specifies otherwise, the decedent’s estate is typically divided evenly among their biological children. If you are a child of the decedent, it’s common to receive a portion of the estate like that of your siblings.
It’s noteworthy that a decedent’s surviving spouse typically takes precedent over their children during probate. Similarly, according to Florida Statutes § 732.101, the widower may qualify for financial aid during probate.
The preference towards the children of the decedent primarily extends to strict biological or marital relations. If you are one of the following you will likely have lower priority during probate or face exclusion from inheritance:
- A child who was given up for adoption by the decedent.
- A stepchild of the decedent.
- A foster child of the decedent.
Probate and inheritance law can be complicated. Our team of Titusville probate litigation lawyers will happily help you understand your rights during the Florida probate process.
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Avoiding the Probate Process
If you are hoping to save your family the trouble of the probate process, writing a clear will is your first step. Probate litigation only gets more complex in the absence of a will.
Beyond a clear will, there are other measures you can take to avoid or reduce the involvement of probate after your passing:
- Revocable living trust: By transferring your estate into a trust before your passing, you can completely avoid the probate process. Your appointed trustee can apportion your estate according to your wishes without interference.
- Irrevocable living trust: Unlike a revocable living trust, you cannot alter an irrevocable living trust once it’s been established. These stricter guidelines have benefits, though. Irrevocable living trusts have superior protections from tax liability.
Trusts are typically protected from legal action. This allows them to distribute your estate faster than probate. Your appointed trustee must adhere to a set of rules established by The Consumer Financial Protection Bureau, too. If they breach their fiduciary duties, they could face legal action.
If you need assistance with estate planning, our team can help. We’ll explore your options, and explain to you the differences between a will and a living trust.
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How Can a Titusville Probate Litigation Lawyer Assist Me?
We can help you during probate or assist with estate planning. For example:
- They can represent you in court if there is a will dispute.
- They can analyze the value of assets within the decedent’s estate.
- They can negotiate with outside creditors, like business associates of the decedent.
- They can settle lingering debts.
- They can file documents necessary to the probate process.
- If you are hoping to avoid the probate process, they can explain your options.
Probate can be a lengthy and difficult process. The services provided by a Titusville probate litigation lawyer are designed to ease your worries. With their help, you can focus on supporting your family during a difficult time, rather than worrying about probate legal proceedings.
Bogin, Munns & Munn’s Legal Expertise
In the spring of 1979, Bruce Bogin, Ranier Munns, and Rulon Munns came together to form Bogin, Munns & Munns. Since then, we’ve expanded our team to over 100 staff members. Our commitment to excellence has helped countless in a wide range of legal scenarios, from personal injury to probate.
Previous clients have recognized our legal expertise through their testimonials, as well:
- “The lawyers and the case manager were very helpful, so professional and incredibly nice! Always kept me up to date on process and would answer all my questions. If I ever need them again, I would contact them! Highly recommend!” – Martha A.
- “My experience with Bogin, Munns and Munns has been exceptional. From the beginning they’ve guided me with advice and stayed on top of the case even when life found me too busy; a phone call and /or email was provided to keep me informed and on top of things.” – Melia T.
- “If you are in need of a law firm that you can TRUST, I highly recommend Bogin, Munns, & Munns. They truly care about their clients and have helped me through some of the worst times of my life and helped ease my fears and anxiety about my future with their knowledge, experience, and compassion.” – Julie D.
At Bogin, Munns & Munns, we promise that we’ll bring communicativeness and compassion to your probate litigation case. Transparency is key to the legal expertise that we provide. As one of our clients, you’ll never be left in the dark.
Contact Bogin, Munns & Munns, Today
Our expertise in probate litigation can offer you several services. Whether you need support during probate litigation or would like assistance with your estate, we’ll have your back. Allow the team at Bogin, Munns & Munns to handle the probate litigation process for you. If you’re about to go into probate litigation in Titusville, our team member can explain the process to you, and your options. Call us today.