Your loved one may have drafted and established an estate plan during their lifetime so that you and your other family members would not be left with any headaches at the time of their unfortunate passing. But sadly, their estate plan may not set out what they intended for it to do, and disputes may still arise amongst beneficiaries. This is when probate litigation proceedings may be initiated. With that being said, please follow along to find out when probate litigation is deemed necessary and how a proficient Broward County estate litigation lawyer at The Probate Lawyers can guide you through this legal process should you need to pursue it.
When is probate litigation deemed necessary?
In short, probate litigation is a legal process in which the Florida probate court works to resolve disputes that arise amongst beneficiaries during the probate process of an estate. We understand that you may not be one for unnecessary litigation. But we also understand circumstances in which you would find such a contention necessary. More specific examples that may apply to your situation read as follows:
- You may hold that your loved one’s will does not accurately reflect the wishes they expressed while they were still alive:
- Another beneficiary may have made your loved one a victim of undue influence or fraud.
- Your loved one may not have been of sound mind when signing their will document.
- You may hold that your loved one’s will offers unclear instructions that need to be verified by a neutral third party (i.e., the court):
- Your loved one naming their “brother” as their executor may be too vague if they have multiple brothers.
- Your loved one assigning “most of their money” to their son may be too ambiguous of an amount.
- You may hold that your loved one’s designated executor is guilty of misconduct in their trusted role:
- The executor sells estate assets below the market value to a family member or friend as a favor.
- The executor administers more estate assets to certain beneficiaries than promised in an act of favoritism.
What does the process of probate litigation look like?
You may feel too intimidated to cause tension amongst your family members and fellow beneficiaries. But at the same time, if you think probate litigation is the right thing to do, proceed forward and initiate it. Your mind may feel more at ease if you understand its process before diving into it. Nonetheless, its general process reads as follows:
- You file a petition to contest the will or challenge the estate administration with the Florida probate court.
- All interested parties of the estate will be formally notified of the upcoming probate litigation proceedings.
- The court will appoint an executor or administrator to oversee the estate during the proceedings.
- Both sides will enter the discovery phase.
- Both sides will attempt to settle via mediation.
- Both sides will present their sides of the argument in the trial.
- The court will issue a judgment that orders how the estate is to be administered.
To better understand your legal rights in the matter at hand, please seek the advisement of a sound and talented Broward County estate lawyer. Please feel confident in knowing that our team at The Probate Lawyers has significant experience in handling legal cases just like yours. So call us today.
