Reasons for Filing a Lawsuit During Probate

Reasons for Filing a Lawsuit During Probate


When a person passes away, his or her estate goes through probate so that the assets can be distributed to heirs after taxes and debts are paid. During this time, many other problems might arise, some of which may lead to legal action. How do you plan on handling this situation? A skilled probate litigator is required for proper management.

The probate procedure varies by state in the United States. Florida is not an outlier. You need an attorney who has both extensive familiarity with state law and experience with instances like yours. What are some potential causes of legal action? Some examples are provided below.

The most prevalent source of conflict is a challenge to the decedent’s will. There are a number of possible reasons why the beneficiary would challenge the document’s legitimacy.

Does not comply with Florida law (specifically Section 732.502).
Inability to form a valid document (lack of testamentary capacity).
Unfair or undue influence (by an authority figure).
It is feasible to contest the validity of a will’s construction under several circumstances. For instance, the will may be too ambiguous, the estate may not be fully distributed, or assets may be left to people who no longer exist or have passed away.

Elective Share Litigation – could be relevant in some cases. Which assets qualify for this distribution is clearly out in Florida Statute 732.2035. If the deceased person was a resident of the state at the time of death, the surviving spouse may be entitled to receive 30% of the elective inheritance in the absence of a prenuptial agreement.

It is conceivable for beneficiaries to contest the determination of heirs if they believe they are entitled to a portion of the inheritance. Individual beneficiaries, such as unrecognized children, may contest the determination judgment if there is no will and the intestacy provisions, Florida Statutes 732.101 – 111, apply to the probate process.

Claiming the Breach of Fiduciary Duty is a type of Florida probate action that can arise from any failing on the part of the court-appointed administrator. If the claimant proves the fiduciary’s violation of duty, the court may issue a surcharge action or order the fiduciary’s entire dismissal.

You need a lawyer who specializes in probate litigation for any probate case that escalates to court. Initiating legal action linked to the process requires the assistance of an attorney, regardless of whether you are a beneficiary or personal representative. Find a lawyer who is both skilled and knowledgeable in this area, explain the problem with them, and then take action.


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