Surviving your loved ones and family members is never an easy journey. Adding a contested will to the mix only makes it that much more challenging. Here’s why hiring a Port St. Lucie probate litigation lawyer can help you.
There are plenty of time sensitive preparations that must be made when loved ones pass, which leaves plenty of room for things to slip through the cracks or get overlooked, including wills.
Wills are one of the more highly-contested areas of law in Florida. Surviving family members often try to use them to correct an array of injustices. This is just one of the many reasons why you should consider hiring a probate litigation attorney for these situations.
Why Hire a Probate Litigation Lawyer?
Typically, you would enter into Florida probate litigation after receiving a Notice of Administration, which is a formal document notifying the appropriate parties of the death, the filing of the last will and testament for probate.
It also states that if you have any objection to the validity of the will or other aspects of the probate proceeding, then specific probate proceedings must be filed within a certain amount of time or be forever barred.
4 Types of Probate Litigation
Contesting the will’s validity is just one example of why you may need to hire a probate litigation lawyer. However, there are a few other types of probate litigation of which you would benefit from hiring an attorney.
This can occur when there is no will and the surviving family members are unable to agree on who should serve as the administrator. Disputing over who will serve as the administrator may result in a contested hearing, which may be when you may want to hire a probate litigation lawyer. Improper procedures and poor evidentiary support may allow the wrong person to gain control over the will and estate.
Executor Fee Disputes
This type of probate litigation happens when an interested individual believes that the personal representative has overcharged the estate.
Spousal Elective Share
This type of contest may occur when a surviving spouse claims his or her right to a portion of the estate.
In some cases, a will may form a trust, which can create a dispute over who is the trustee’s appointment.
If these situations sound similar to yours, you should consider hiring a probate litigation lawyer who can guide you through the best course of action, including procedures, supporting evidence and testimony.
Hiring an Experienced Probate Litigation Lawyer
Apfelbaum Law can assist and guide you through the administration of an estate after a person passes away, whether or not that person had a will. Our probate litigation attorneys can help you through the process and assist in disputes.
If you have questions pertaining to probate or about any potential legal matter, contact Apfelbaum Law for a consultation.