What is Probate? Probate is a legal process governing the distribution of a decedent’s estate. Matters in probate court generally involve standard, uncontested processes including but not limited to the appointment of a personal representative to administer the estate of a decedent estate, and the admission of wills.
Oppenheim Law | Probate Litigation Attorneys
2500 Weston Rd, Suite 404
Fort Lauderdale, FL 33331
https://www.oppenheimlaw.com/ What is Probate Litigation? Legal contests about a variety of issues arise during the course of probate, resulting in probate litigation. The facts involved in a legal contest define the claims to be prosecuted or defended in probate litigation. Probate litigation includes but is not limited to claims pertaining to: will contests and construction; lack of testamentary capacity, undue influence, fraud and duress; forgery and alteration of instruments; appointment, removal and fiduciary breaches of personal representatives; abuse of power of attorney; beneficiary rights; identification of interested persons; joint and survivorship accounts, assets and property; elective shares and other entitlements; shares of pretermitted spouses and children; and accounting and inventory.
It is important to know that not all probate or litigation attorneys handle probate litigation. In fact, many probate lawyers will only represent clients with uncontested matters given that the uncontested probate process is transactional in nature and can be successfully handled by an attorney with knowledge of substantive probate law. Probate litigation on the other hand, is a highly complex branch of the probate practice. The role of the probate litigation attorney is far more adversarial in nature and requires an attorney to have knowledge of substantive probate law as well as knowledge and experience in trial procedure and techniques. Apart from legal complexities and procedural technicalities, the personal, financial and emotional stakes that characterize probate litigation render this branch of probate law a specialized area into which many probate attorneys, even probate specialists, rarely venture. Probate Litigation Attorney Florida Oppenheim Law handles probate litigation matters throughout the state of Florida and has obtained successful outcomes with respect to highly complex issues. We have contested disputes regarding wills, incapacitated or unduly influenced personal representatives, and fraud. As seasoned litigators, we have a wealth of trial and courtroom experience. As an established firm, we have a myriad of resources and an intrinsic knowledge of substantive laws and practices. The result is effective representation for the client by competent, experienced counsel.
Probate involves the distribution of a person’s assets upon death. Probate litigation entails various controversies centered on how assets are to be distributed and to whom. Our Firm has extensive experience in multiple aspects of probate litigation. We have represented clients in litigation arising from intestate succession (when a person dies without a will), and have also represented clients in will contests predicated on execution mistakes, undue influence, and lack of capacity, as well as other defenses to enforcement of a will. We have also represented clients in litigation relating to the elective share, breach of fiduciary duty, and the appointment and removal of a personal representative.
If you are seeking legal representation for probate related dispute, please feel free to contact us online or give us a call at 954-280-9102 today for a consultation.