Probate and Trust Litigation

Anything can happen—and the world of probate and trusts is no exception. Because the world operates in color, any number of issues can arise as to the administration of a probate estate and/or trust.

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 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.

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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask any of the Attorneys at Trust Counsel to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Trust Counsel, PL

357 Almeria Ave, Suite 103
Coral Gables, FL 33134
Phone: (305) 707-7126
Fax: 305-397-2277
Hours: Monday-Friday 9am - 6pm