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Probate Litigation

Will Contests | Trust Contests | Challenges to Last Will and Testament | Undue Influence

Beneficiary Changes | Probate Fraud | Determination of Rightful Heirs | Fiduciary Duty

When someone dies owning property in Florida, whether that’s a boat or a condo or a car or a bank account, Florida law must be followed in transitioning that property to the person who inherits it.

Usually, that is easy and smooth with everyone following along in a standard legal process known as “probate.”

Estate Lawsuits – Florida Probate Litigation

However, there are times when conflicts, disputes, or confusions arise about how property is to be dealt with after its owner has passed away.  This can be true for those who lived and died here in Florida as well as those who spent their lives in other parts of the country, but who passed with property here in the Sunshine State.

In these situations, Florida probate courts become the battlegrounds and Florida probate judges become the decision makers as disputes arise. Broward County, for example, has three probate court judges (Judges Charles Greene; Mark Gold; and Mark Speiser) and Dade County has four probate court judges (Judges Maria Korvick; Celeste Muir; Bernard Shapiro; and Michael Genden). For property located in Broward County or Dade County, probate litigation will be filed in the respective county and heard by one of the aforementioned judges.

What Are The Different Types of Florida Probate Lawsuits?

Most people are aware of probate lawsuits like will contests or challenges to trusts based upon undue influence or lack of testamentary capacity. However, there are a many different kinds of cases that are brought in Florida probate courts, including:

  • Will contests based upon claims that the maker of the will lacked capacity to make a will
  • Will contests based upon claims of undue influence on the maker of the will
  • Will contests based upon fraud in the documents (forgery)
  • Challenges to the actions of the Executor or Administrator for breach of fiduciary duty
  • Foreclosure and Probate
  • Lawsuits to remove the Personal Representative or Administrator for breach of fiduciary duty or conflicts of interest
  • Challenges to who is to be appointed Personal Representative of The Estate
  • Challenges to Probate Accountings (Objections)
  • Challenges to How And When Estate Property is Being Distributed (Objections)
  • Challenges to How And When Creditors Are Being Paid (Objections)
  • Challenges to How Taxes Are Being Paid or Apportioned (Objections)
  • Petitions to Determine Rightful Heirs to the Estate
  • Challenges to Debts or Creditors’ Claims (Objections)
  • Trust contests based upon claims that the maker of the will lacked capacity to make a trust
  • Trust contests based upon claims of undue influence on the maker of the trust
  • Trust contests based upon fraud in the documents (forgery)

See our index of sample probate pleadings whiich contains several documents we have used in a Florida probate litigation matter. Also, please read our Florida probate topics page which contains helpful answers to frequently asked probate questions.

We Represent Clients in Probate Lawsuits

Alan Sackrin is an expert civil trial lawyer with 30+ years of experience representing clients in Florida probate courts and together with his law partner, Florida probate lawyer Larry Tolchinsky, they work to right the wrongs done to their clients. 

They assist clients with claims involving probate administrations and go before the local probate judges on behalf of heirs and beneficiaries, personal representatives, other interested parties, and even creditors.

Sometimes the issue they tackle is technical, like challenging the accounting or determining the timing of the disbursement of assets or the timing of payment to creditors; however, there are cases of probate litigation that can be emotionally intensive like claims related to someone deceiving or manipulating another – as in a will contest based upon undue influence. Other matters can also be complicated under Florida law especially issues involving surviving spouses, for example, as well as determining which assets are to be included in a Florida estate.

Get a Free Case Evaluation by an Experienced Probate Trial Lawyer

If you have questions about a Florida probate dispute or controversy, feel free to contact us to find out how we can help you. You can contact us by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about your rights from a probate trial lawyer. We always offers a free initial consultation.

Do You Have a Question?

Call (954) 458-8655

Florida lawyers serving those living in the State of Florida including those living in the Miami-Dade metroplex and the communities of Broward County, Florida including Coconut Creek | Cooper City |Coral Springs |Dania Beach |Davie | Deerfield Beach |Fort Lauderdale |Hallandale Beach | Hillsboro Beach |Hollywood | Lauderdale-by-the-Sea | Lauderdale Lakes | Lauderhill |Lazy Lake |Lighthouse Point | Margate | Miramar |North Lauderdale |Oakland Park |Parkland |Pembroke Park |Pembroke Pines |Plantation |Pompano Beach |Sea Ranch Lakes |Southwest Ranches |Sunrise City |Tamarac |West Park |Weston |Wilton Manors

 

 

 

 

Broward County Lawyers

(954) 458-8655