PROBATE LITIGATION
PROBATE LITIGATION
Often, a will is challenged on bases such as incapacity, undue influence, fraud, mistake, or the lack of certain statutory requirements (for example, for a will to be valid in Florida, it must be signed by the decedent and two (2) attesting witnesses). Legal issues like these result in litigation over transfers of property under you or your loved one’s will, or sometimes, even transfers that took place during you or your family member’s lifetime. Due to the evolving nature of the law in this area, a probate litigation attorney must be knowledgeable of the probate code, and committed to protecting you or your family member’s true intent while also defending the rights of the beneficiaries named by the will.
In essence, probate is the judicial procedure by which a testamentary document is established to be a valid will.1 It is governed by a collection of statutes called the probate code. The probate process can often be lengthy and costly without the proper estate planning tools, and can result in assets being distributed unfavorably or attacked by creditors, not to mention unwanted tax liability. Although the probate code encourages this process to operate with minimal input and supervision from the probate court, time and again allegations of interference and undue influence arise, which causes the court to take a more active role.
Several documents are required to administer the estate of you or your loved one depending on if you or your loved one passed testate (with a will) or intestate (without a will). It is important that you trust the estate planning attorney that you select, as the administration of you or your family member’s estate usually involves statutory or court-imposed deadlines. Moreover, depending on the size of the estate and the nature of the assets, additional expertise may be required from your attorney to properly wind-down any businesses and/or sell any securities, artwork, or real property at the best value possible.
Contact Wolff Law if you wish to contest a will, trust, transfer of property, power of attorney, advance directive, living trust, or other estate planning document.