Probate litigation includes a variety of potential lawsuits arising as a result of actions taken by someone close to the deceased. This can include an action to revoke a will based upon:
Incapacity – the decedents lack of mental capacity to sign a Last Will and Testament
Undue influence – the possibility that another individual may have exerted undue influence that caused the decedent to sign a Last Will and Testament
Failure to conform to Florida law – the possibility that the Last Will and Testament was not properly signed and witnessed in conformity with Florida law
Examples of probate litigation matters include:
- Grandfather is suffering from Alzheimer’s disease. Grandson moves to Florida and convinces his grandfather to give him one million dollars. The beneficiaries of grandfather’s estate sue the grandson to recover the money.
- A beneficiary of an estate wants her money prior to the estate being closed. She retains an attorney to file a petition to compel distribution of her share of the estate assets.
- Client petitions the court to be personal representative of her deceased father’s estate. Client’s brother objects to the petition and files his own petition to be personal representative.
- The value of an estate is substantially reduced due to a substantial drop in the stock market. The beneficiaries sue the personal representative for surcharge resulting from his failure to properly diversify estate assets.
In addition to the above actions, a variety of other issues may warrant the filing of a lawsuit to challenge the transfer of assets including concerns about the misuse and abuse of a power of attorney, allegations that a friend or family member wrongfully turned an elderly person against his or her loved ones, or the breach of a close relationship by a fiduciary. These matters often involve highly emotional disputes, hotly contested issues, and complex litigation. For this reason, it’s vital that you have the assistance of a lawyer with the skills and experience to handle the complexities involved.
Contact a West Palm Beach Probate Litigation Attorney
Mr. Garten has more than 30 years of legal experience. His ability to litigate highly complex matters including guardianship, probate, trusts and powers of attorney, has earned him a reputation for excellence and innovation. He prides himself on providing his clients with the quality representation one would expect from a large firm combined with the personal attention you can only find in a small boutique law practice. He and the staff at the Law Office of David M. Garten, Esq., will do all that they can to work toward meeting your goals. Contact the firm online or by calling 561-689-0054.