Our trust and probate litigation attorneys are knowledgeable in all aspects of probate litigation law henderson nv. We recognize the importance of fulfilling your loved one’s intentions both throughout their life and after they pass away, and we are ready to represent you in a trust or probate case to ensure that the testator’s plans for their inheritance are carried out.
It is vital to choose skilled counsel in a trusts and estates litigation matter since these matters are riddled with procedural, ethical, and state and federal tax minefields.
Our lawyers combine in-depth understanding of Florida’s laws governing the administration of testators’ estates, wills, trusts, conservatorships, guardianships, and other fiduciary issues with years of trial experience before judges and juries. To carry out the testators’ last desires, we work collaboratively and analytically with other complicated fields of law such as estate planning, real estate, bankruptcy, corporate, and securities law, as well as civil and appellate law.
Probate and Common Trust Services
We provide a variety of trust and probate services to assist families and executors in carrying out the intentions of wills and trust agreements. Among our specific services are:
- Trust and probate disputes
- Will challenges
- Will and trust construction
- Beneficiary determination
- Guardianship aid
- Conservatorship advice
We’re ready to fight for you in any way required to get a favorable resolution for your case, whether through negotiation, mediation, or litigation, and to assist you in resolving what can be a very painful and emotional process.
Trust Disputes
A trust is a fiduciary legal arrangement that permits someone to hang on to another person’s assets or property for the benefit of a third party.
The third-party beneficiary receives assets once they are capable of managing them if a trust is properly created within the restrictions of Florida law. Trustees, on the other hand, who are in charge of managing a trust, make mistakes from time to time. The legal process of challenging a trust or a trustee to represent the settlor’s wishes for the beneficiary is known as trust litigation.
If you believe the trustee is failing to uphold the settlor’s fiduciary and explicit obligations, you may be able to initiate a lawsuit against them and have them dismissed. You can submit a claim if you believe the trustee is guilty of the following:
Failure to handle real estate or other real property appropriately
- Failure to communicate with the beneficiary
- Failure to pay the trust’s debts
- Failure to invest assets according to the settlor’s desires
- Failure to follow explicit or inferred instructions from the settlor
- Self-dealing or pushing the trustee’s own interests above those of the beneficiary
Litigation in Probate
The process of filing a will to a court for verification and administration is known as probate. The legal process of disputing a will or otherwise seeking to correct a mistake regarding a loved one’s wishes after death is known as probate litigation.
A testator’s final will and testament might be challenged in probate court if it is believed that the will does not accurately reflect the testator’s preferences after death. Third parties may inadvertently affect a testator during their most vulnerable days in some terrible circumstances. In other cases, funds from an estate or trust are allegedly misappropriated.
There are numerous reasons to contest a will, including:
Due to mental illness, alcohol or substance misuse, memory loss, or other conditions that impaired the testator’s ability to grasp their assets and where those assets would go upon death, the testator was not competent to form the will.
- The document was forged by someone else, either by fraudulently forging it or by modifying the terms of the instrument without the testator’s authorization;
- Technical faults in the will’s creation, such as the lack of witnesses or notarization, or failure to follow other Florida legal criteria.
- If you believe a will is erroneous or unrepresentative of the testator’s wishes for any of the reasons listed above, our team of skilled lawyers can help you revise or invalidate the will.
Today, contact our Trust and Probate Litigation Lawyers.
Whether you need help disputing a trust or will, removing a trustee from a trust connection, or simply drafting or interpreting a will, an estate litigation lawyer brooklyn ny can help. They assist a number of clients in resolving estate disputes and carrying out the testator’s or settlor’s desires.
To obtain a case review or book an appointment with one of our experienced attorneys, call 954-462-5500 immediately.
