Probate – Estate Litigation
Probate- Estate Litigation
Probate refers to the administration of a deceased person’s assets, whereby a deceased person’s assets are marshalled, debts are paid, and remaining assets are distributed to the named beneficiaries. Sometimes, however, conflicts arise and result in formal lawsuits being filed when one or more parties feel entitled to receive more of the decedent’s properties. Estate Litigation refers to the legal dispute between two or more parties contesting the probate process.
At the Miller Elder Law Firm, we understand the distress and emotional difficulty of facing the passing of a loved one, which can become more difficult when administration conflicts arise. In our small and intimate firm, you will be able to work side-by-side with one of our law partners who will handle the dispute with courtesy and professionalism. Shannon M. Miller is Board Certified by the Florida Bar in the area of elder law. She is highly qualified to respond in a timely and effective manner to zealously protect and defend your litigation needs.
If you are going through probate or trust litigation, we are ready to help and provide a free initial consultation*. Call The Miller Elder Law Firm in our Florida office at (352) 379-1900 or contact us online (millerelderlawfirm.com).
Causes for Estate Litigation
The purpose of probate is to gather a decedent’s assets, locate, confirm, or contest debts and/or taxes, and timely distribute the remaining assets to the beneficiaries. These proceedings are managed by a Personal Representative appointed by the Court. Estate litigation arises when there are disputes or disagreements as to the probate process. Some of the elements that may cause estate litigation to arise include:
● Lack of decedent’s Last Will and Testament.
● Improperly prepared Last Will and Testament.
● Undue influence in the procuring of a Last Will.
● Will maker’s lack of capacity to understand the contents therein presented.
● Improper administration of a probate estate by a Personal Representative.
● Inheritance disputes among family members or heirs.
Why You Should Contact the Miller Elder Law Firm
In the midst of great distress between dealing with the passing of a loved one, and facing the possibility of estate litigation, it is imperative to immediately contact a proper Elder Law attorney who can assess and respond to the legal issues in question in a timely manner.
The Miller Elder Law Firm provide you with prompt and competent legal counsel that effectively responds to any of the following needs regarding estate litigation:
- Will Contests
- Removal of a Personal Representative
- Breach of Fiduciary Duty
- Interpretation of controlling documents (last will, testament, trust, or a Power of Attorney)
- Protection of Beneficiary Rights.
Contact The Miller Elder Law Firm today for a free initial consultation*. Call our Gainesville, Florida office at (352) 379-1900 or contact us online (millerelderlawfirm.com).
*Free initial consultations are not provided for Medicaid.