probate litigation attorney Ft Lauderdale FL
Probate litigation is a legal dispute between an executor and a beneficiary. It can occur during the probate administration process due to various claims such as misappropriation of funds, undue influence, lack of transparency, and breach of fiduciary duty. If a legal dispute arises regarding the purpose or validity of a trust or will, it is called a probate lawsuit in the probate court.
If you fail to perform the duties during your representation as an Estate Planning Attorney, it is possible for a beneficiary of an estate or trust to file a lawsuit against your firm for mismanagement of the estate’s assets. This can cost you more in legal fees and make you lose more money from delays in selling the property. Therefore, it is important that an effective probate litigation attorney Ft Lauderdale FL remain involved with the affairs of the Estates and Trusts that are represented by his/her firm.
Probate courts handle a number of more specialized legal issues. When someone dies leaving a will, the probate court must approve the will for authenticity and other legal requirements, as well as oversee the administration of the estate. It may also oversee administration of an estate without a will, called an intestate estate. A probate court also supervises guardianship and conservatorship matters and disputes relating to powers of attorney.
When a matter is litigated in probate court, special pleadings are often necessary, rather than just an oral allegation in court. Either a motion or petition is needed to commence litigation, just as in other civil courts. Interested parties must be given formal notice to comply with both due process and statutory requirements. Proper notice usually entails written notice to all interested parties, including the court, the heirs and the executor, executrix or other fiduciary. Probate courts also follow the rules of evidence in Florida. Witnesses may testify and documents may be admitted to evidence, provided they follow these rules. Other parties may object to a question or the submission of documents. The time to file a motion or other pleading often has strict time limits set forth by law. Failing to file the pleading timely, failing to provide proper notice, or failing to present the matter in a procedurally correct manner can all be fatal to an otherwise valid claim. While it can sometimes be difficult for anyone without experience in this area of law to navigate the process on their own, having an attorney familiar with probate law can ensure that your case is presented correctly from start to finish.
In conclusion, probate litigation can be confusing and complex depending on the state or country a trust or will is created or created in, especially if the estate is valued in the millions of dollars. Despite the most likely scenario, that what is being done during probate litigation could be resolved and settled outside of court, many cases do end up in the courthouse. Between these two extremes exist countless shades of gray that apply and are dependent upon any number of variables. If you should find yourself involved in a probate litigation case, it is important to seek out an probate litigation attorney Ft Lauderdale FL in order to understand your rights and remedies available to you. Do whatever it takes to settle the dispute quickly, as sitting on a lawsuit with no immediate action will only increase the overall stress level of all parties involved.
