Probate is the legal process of distributing a deceased person’s property under a valid will and by resolving all estate claims. A trustee is a person who interprets the will and the wishes of the deceased, determines the executor of the estate and mediates the claims against the estate by heirs and other parties.
Probate litigation not only includes legal challenges involving wills, trusts, estates, asset disputes, joint bank accounts, life insurance policies and gifts of someone who has recently passed on, but it can also involve disputes over those still alive, like guardianships and conservatorships related to aging, disability, etc. It also encompasses legal disputes involving powers of attorney, patient advocate designation and living wills.
In simpler terms, probate litigation means to contest a will or distribution of assets. If you are thinking about contesting a will, you must have a valid, legal reason of doing so, not merely the thought of unfairness.
Some of the most common reasons to contest a will are the following:
- Some of the beneficiaries are not given an inventory of the property
- One of the beneficiaries takes advantage of the full benefits
- Differences of opinion over guardianships and conservatorships
- One of the beneficiaries fails to do his or her duties as the trusted estate executor
- Details about the creditors are not disclosed
- Claims of undue influence. This means that it’s believed that the deceased person’s free will and judgment was destroyed when developing the will, thought to have written something due to mental, moral or physical coercion contrary to his/her own wishes.
There is a strict law of limitations applicable to probate litigation. Regardless of valid claims, the court cannot do anything if you wait too long. A probate attorney must be sought out as soon as possible when a loved one passes because probate litigation is a complex area of law.
Do you feel you have the right to contest a will? Are you concerned that a third party is going to contest your loved one’s will? Or do you simply want to draw up a will or living will with legal assistance? LaBovick Law Group can help you with all your probate litigation needs. We are available to assist you 24 hours a day, 7 days a week. Feel free to call us toll free at 888.777.3884, or fill out the free evaluation form on the left. Our West Palm Beach attorneys serves clients throughout Florida, including in Palm beach Gardens, West Palm Beach, Boynton Beach, Boca Raton and throughout the Treasure Coast.