Probate and Trust Litigation

Representation for probate and trust litigation

In theory, a decedent can transfer his/her property to the persons he/she so wishes by executing a Last Will and Testament; likewise—in theory—the expense of probate can be avoided by creating a revocable living trust.

Unfortunately, the reality is that sometimes, even the most thorough of testamentary plans still become disputed. The factors giving rise to these disputes can range anywhere from unequal property distribution and disinheritance due to sibling rivalries, second marriages, or fallouts between family members; to defective instruments caused by a lack of capacity and/or the failure to execute these instruments according to the formalities required under Florida law; to will/trust modification suits arising from a need to clarify an ambiguous term; to a breach of fiduciary duties when a personal representative or trustee fails to act in accordance with the law or instrument. The list is non-exhaustive.

Litigation can resolve these disputes. Whatever the cause, the bottom line is this: probate and trust disputes can be costly, complex, and often times hotly contested, especially when family members are involved. It is important to seek representation that can help navigate the legal complexities commonplace in this branch of practice.