Experienced Litigators For Your Probate Dispute
The raw emotions after the loss of a family member combined with the financial stakes can be a recipe for conflict. It’s important to maintain a levelhead and take actions that increase the likelihood of achieving an outcome that is in line with the law and – most importantly – your loved ones wishes. Choosing the right attorney to represent you in a will contest or probate litigation is the first step.
Our team at Heuler-Wakeman Law Group, P.L. our attorneys combine for more than 50 years of probate litigation experience in Florida. We will act as your fierce advocate and compassionate counselor as you strive to protect your legal and financial interests and protect your loved one’s legacy.
Proven Representation For Probate Litigation And Will Contests
When a person dies with a last will and testament, their will is submitted for probate according to Florida law. Parties such as heirs and creditors are protected by the probate process, which outlines their rights and obligations. A review of the deceased’s will is part of the probate process and can result in challenges by parties who are not satisfied with its terms. Parties have the right to contest the will and this is often pursued by children and other heirs who dispute the will’s terms.
The challenge can occur for many reasons. Common reasons for challenging the terms of a will include:
- Undue influence: Accusations that the person making the will did not do so freely and without coercion; these accusations are often leveled against siblings and other family members
- Lack of testamentary capacity: Often going hand-in-hand with undue influence, this challenge would be made on grounds that the person making the will lacked the requisite mental ability to understand their estate, the terms of the will, and the likely outcome
- Mistakes in execution: Under Florida law, all requirements for a will to be valid must be met; even lacking one can invalidate the will
- Breach of fiduciary duty: A perfectly valid will can still be handled improperly by an administrator who takes liberties with the estate’s assets, taking excessive fees, or simply making too many mistakes
Trust Your Gut
Your gut is not a substitute for a knowledgeable probate attorney but it is fully capable of steering you in the right direction. If something seems “fishy” or “off” about your loved one’s will, chances are it is. Our attorneys have the skills, experience, and resources to connect your gut feeling with Florida law and achieve a fair outcome in your probate litigation matter. Likewise, if you are an administrator, we can help you remain on the good side of Florida probate laws and resolve challenges effectively so you can wind down the estate and move on with your life. Contact us today to schedule your free consultation.