Even when a family has engaged in extensive estate planning and has created a will and trust, some family members may not be satisfied with the results of the estate plan following the death of another family member. When disputes arise between surviving family members over assets and property that belonged to the deceased, court intervention may be necessary to resolve these disagreements.
Unfortunately, probate and trust disputes tend to be complex, time-consuming and expensive. There are deadlines, paperwork and excessive amounts of “legalese” to contend with. For these reasons, you may need the assistance of an experienced probate and trust litigation attorney. Saavedra-Goodwin has the experience, skills and knowledge to help guide you through probate or trust litigation in an effective, yet efficient manner.
Disputes can arise for many reasons in the context of a probate proceeding. Many of these disputes involve a will that sets forth the intentions of the deceased regarding the distribution of his or her assets. In some cases, not all family members are satisfied with the contents of the will. Some family members may question the validity of the will, particularly when the deceased was an elderly person who recently changed the provisions of his or her will, or who might have been taken advantage of by a care provider, close relative or friend.
Other potential issues that might arise in probate litigation include:
Whatever the case may be, a Saavedra-Goodwin probate litigation attorney will represent your interests and advocate on your behalf, ensuring legal ethics are followed. With an experienced lawyer on your side, you will put yourself in the best position possible to achieve your goals.
People create trust documents to protect their assets for their surviving family members, to avoid the costs and time of the probate process and to ensure that their wishes are carried out. However, the execution of a trust does not guarantee that its administration will be free of conflict.
Trust documents typically designate a trustee who is responsible for carrying out or administering the terms of the trust. If, for example, a beneficiary of a trust becomes unhappy with how the trustee is administering the trust, or believes that the trustee has breached his or her fiduciary duty to act in the beneficiary’s best interest, a dispute may arise. The Fort Lauderdale trust litigation attorneys of Saavedra-Goodwin will first try to informally negotiate and resolve the matter. In many cases, this is all that is needed. Litigation may become a necessity if the parties cannot reach an amicable resolution.
Don’t be afraid to ask many questions when confronted with a legal issue or litigation. We’ve encountered numerous common legal questions and provided useful answers to assist you in making the best legal decisions.
In Florida, undue influence occurs when someone in a trusted position, like a caregiver or family member, manipulates or pressures another (the testator) into changing their estate plans.
Courts consider factors like the beneficiary receiving a large share, having a close bond with the testator and being actively involved in creating the documents. These factors might suggest undue influence, shifting the burden of proof to the beneficiary to show the document reflects the testator’s true wishes.
A skilled Florida estate litigation attorney specializes in resolving disputes arising during probate. They possess the required legal expertise to interpret documents like wills and trusts. The lawyer represents various parties involved in the process, including:
Their main legal aim is to protect clients’ interests while ensuring adherence to Florida’s probate laws and deadlines.
Probate litigation in Florida involves legal disputes that arise during the process of settling a deceased individual’s estate. This occurs when disagreements emerge regarding wills, trusts, asset distribution or the personal representative’s actions.
Common elements of litigation include:
Florida probate courts oversee these proceedings, with experienced probate litigation attorneys representing different parties to reach a resolution that upholds legal rights and ensures fair distribution of the estate.
Many effective methods can be used to avoid probate, including the use of living trusts, irrevocable trusts and Lady Bird deeds. An experienced estate planning attorney can help you evaluate the options and design your estate plan according to your wishes.
In Florida, the person in possession of the deceased’s will or the executor named in the estate documents must file the will with the probate court within 10 days of learning of the deceased’s passing. If the deceased left no will and died “intestate,” the succession can be opened by filing the deceased’s death certificate with the Probate Clerk’s Office and a Petition for Summary Administration. While there is no formal time limit for this process, delays can create significant legal issues.
To contest a will or succession of an estate, you need both a valid reason and the proper legal standing as an “interested party.” In Florida, interested parties include any heirs-at-law, or those close relatives of the deceased who would stand to inherit if the deceased had died intestate, or without a will. Those named as beneficiaries of the estate in any current or past will, regardless of their relationship to the deceased also have standing, as do current and former executors.
Every situation is different, but you generally need to act quickly and file a lawsuit to contest the probate process when you believe that the deceased lacked the testamentary capacity to understand what they were doing when they made their will, the will is a forgery, there was fraud on the part of someone involved in the estate or the deceased was the victim of undue influence and essentially coerced, threatened or tricked into signing a new will for the benefit of someone to the exclusion of others.
Since 1988, the attorneys at Saavedra-Goodwin have represented hundreds of clients in probate and trust administration and litigation. When you are facing a family dispute in the context of probate proceedings or trust administration, get the help of an experienced and knowledgeable probate and trust litigation lawyer who can advocate zealously on your behalf. Call our office today to discuss how we can help at (954) 767-6333 or send us a brief email of introduction. Helping family members succeed since 1988.
Mr. Saavedra is the managing partner of the firm, which he established in 1988. Born in Havana, Cuba, Mr. Saavedra is fluent in English and Spanish. He received his B.A. in 1979 from the University of Connecticut and his J.D. in 1986 from the George Washington National Law Center. Mr. Saavedra has served as Secretary and Director for the Inter-American Businessmen Association and co-authored “An Introduction to the Settlement of Unresolved Property Claims against the Cuban Government.” Mr. Saavedra also served as Staff Assistant for Congressman William Lehman in Washington, D.C. [ ATTORNEY BIO ]