Probate Estate and Trust Litigation Attorney in Miami and Fort Lauderdale
Tables Law Group represent beneficiaries, personal representatives and creditors in all matters of probate litigation and probate administration in the probate courts of Florida.
Probate litigation typically involves the challenge to the validity of a will or trust, the meaning and construction of a will or trust, the proper administration of a will or trust, creditor claims, the rights of surviving spouses, and determining what assets are included with the probate estate.
The list of problems that can disrupt the probate process into litigation is extremely lengthy. Some of the more common problems include:
- Questions about the mental competency of the deceased at the time the will or trust was written.
- Questions about whether the deceased was unduly influenced by a potential beneficiary under the will or trust.
- Suspicions that the will or trust may be a forgery.
An example of one issue that arises frequently is that of undue influence by a potential beneficiary. Undue influence can appear in many forms, but one example might look like this:
Your elderly mother suffers from Alzheimer’s and moves into a nursing facility. Not before long, one of her caregivers becomes overly involved with her personal matters. The caregiver eventually convinces your mother to surrender control of her financial affairs and pressures her to re-write her will naming the caregiver as Personal Representative of your mother’s estate and as sole beneficiary.
Regardless of the type of question regarding a decedent’s will or trust, the probate court will be called upon to settle the conflict. When this happens, you will need the advice of probate estate and trust litigation attorney specifically highly skilled in every aspect of probate litigation.
Our firms experience in handling probate litigation matters affords us the ability to work with clients towards practical and creative legal solutions to resolve the complex, often emotionally-charged issues that accompany a will or trust contest. Our vast experience in working with plaintiffs and defendants in probate matters means we recognize and understand the sensitivity of these family issues. Our passion for protecting the interests and rights of our clients means we devote our focus, extensive experience, skill, and determination to getting the most positive results possible for you.
Tables Law Group handles probate litigation and other types of fiduciary litigation for clients in Florida for the following matters:
- Will Contests
- Probate Fraud
- Beneficiary Rights
- Elective Share
- Abuse of Power of Attorney
- Trust Litigation
- Rights of Surviving Spouses in Florida
- Joint Bank Account Litigation / Pay on Death Disputes
- Estate Planning Malpractice
- Reformation of a Florida Will
- Improper trust or will formation or failure to sign the trust or will with proper witnesses, notary, or other formal requirements
- Lack of capacity of the maker of the trust or will
- Undue influence over the maker of the trust or will
- Distribution of assets in violation of Florida Statutes, including the spousal elective share
- Judicial interpretation of unclear, confusing, or ambiguous language in the trust document
- Trust reformation or modification
- Breach of fiduciary duty by the trustee for:
- Failure to make proper or timely distributions
- Failure to make proper or timely accountings
- Failure to administer the trust in the manner required by the trust document
- Failure to follow the prudent investor rule or making improper investments
- Self dealing
- Excessive trustee compensation