By September 7, 2018 No Comments
Practice Areas

Probate Litigation

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The future is uncertain more so than ever. Estate Planning is one way for an individual to take charge of his/her future by documenting financial assets and health care choices while they are able.

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, as there may be issues such as vague language that would influence multiple parties that needs to be resolved.  Common “contested matters” that are determined by probate courts can include:

  • Contesting the validity of a will
  • Contesting guardianship
  • 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.

We have 13 locations throughout Central Florida and North Central Florida. We are happy to meet you in the location that is most convenient to you. With our Main office in Orlando, we have 12 other offices including Clermont, Cocoa, Daytona, Gainesville, Kissimmee, Leesburg, Melbourne, Ocala, Orange City, St. Cloud, Titusville, and The Villages. Our Attorneys work aggressively to ensure your probate litigation matter is handled with the care you should expect from a firm that has been around for over 40 years.

Florida Wills, Trusts & Probate Attorneys - Bogin, Munns & Munns

Frequently Asked Questions

Are bank account 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 a person 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 title in the sole name of the deceased person, that are not joint with another or do not have a beneficiary designation, are subject to probate.

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.

How Can We Help?

Bogin, Munns & Munns Can Help With Your Wills, Trusts & Probate Case

Bogin, Munns & Munns is a Central Florida law firm that provides a wide spectrum of commercial law services including estate planning. Too many people wait until it is too late likely resulting in more stress and more costs. Don’t wait until a tragedy strikes before you start addressing these issues – whether for yourself or for your family members.

Call our corporate attorneys at our main Orlando office at 407.578.1334, or contact a representative in one of other offices nearest you: ClermontDaytonaOrange CityGainesvilleKissimmeeLeesburgMelbourneOcala or The Villages.

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Request a Consultation

Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.

CALL TOLL FREE 24/7 855.686.6752
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