| Probate litigation occurs when a Last Will and Testament is challenged or disputed after a person passes. Litigation can also occur when there is no will in place and the family and loved ones cannot agree on an administrator to handle the deceased’s assets. |
Once a probate litigation case is filed, a probate attorney will work with their client to ensure their rights are represented and the assets are distributed correctly. A probate court will work to identify the assets of the deceased, decide on the payment of taxes and distribute the remaining property to those mentioned in the will. If any of these items are contested, an attorney will work to prove that they are unjust or incorrect.
The most common reasons a family member would contest a will include:
This occurs when a family member claims that the deceased was not at the right mental capacity to be able to make or sign a will at the time it was created and finalized. Reasons for this often include someone who is of old age and not of sound mind, a person who suffered from dementia or Alzheimer’s, someone who was under the influence of drugs and alcohol and any other reason the person may not have the mental stability to create or sign the will.
Fraud or Forgery
If the deceased was coerced into singing the will or if another family member forged a signature or included parts of the will not accepted by the deceased, an attorney can help prove that the will is fraudulent.
Details Not Being Disclosed
A representative who will explain the parameters of a will is required to disclose details to all those involved. If a family member feels they are not being given all the appropriate information or are being defrauded in any way, they are likely to contest the will.
Dispute over Personal Representative
If a will is not created, a representative will be chosen by the family to handle all assets and distributions. Often, this can be a point of contention as not all members will agree with the chosen representative.
Regardless of the will, a living spouse may claim the rights to the estate, especially if that is their current residence. If the will states something different, they can contest the will.
Here in Florida, probate litigation is highly contested. Furthermore, it often involves multiple members of a family and can be a sensitive case to take on. That’s why you need experienced probate attorneys like Balkan & Patterson. We understand how hard this type of case can be for the client, especially after the loss of a loved one, and we will work hard to recover the assets that are owed to you so you can continue to grieve in peace.
If you are looking to dispute or challenge a will, or have a family member who is,contact us today at 561-750-9191 or visit our website to learn more about how we can help you.