Sarasota Probate Litigation Lawyer
Assisting Residents of Sarasota, Florida throughout the Probate Litigation Process
Probate is a legal process during which a deceased individual’s assets are distributed – and their debts are paid. In some instances, the deceased individual may have a will, while at other times, he or she may have died intestate (i.e., without a will). Although, in some cases, there are no significant disputes during the probate process, disputes do sometimes arise. In those instances, a lawsuit may need to be filed with the court. The process that begins by filing a legal complaint is called probate litigation.
Probate litigation can be a complicated process. The knowledgeable team of probate litigation lawyers at Inverso Law Group are prepared to assist with all of your probate litigation needs. Please give us a call today to learn more about how we can assist you throughout every step of the probate litigation process.
Notice of Administration
One of the first official documents that is issued after a decedent’s death is the Notice of Administration. The purpose of this document is to notify all of the interested parties that the decedent has passed away. The document also lets interested parties know that there is a will in place and that they can only object to probate proceedings (i.e., contest the will) within a certain period of time. Otherwise, they will be time-barred from doing so in the future. The recipient of a Notice of Administration may have several legal bases to file a dispute.
Contesting a Decedent’s Will in Probate Litigation
Essentially, the probate litigation process involves contesting a decedent’s last will and testament. There are several grounds for probate litigation in the State of Florida, which include all of the following:
- Undue influence – Undue influence exists where an individual allegedly did not make his or her will freely, but rather, was coerced by someone else who had power and influence over him or her.
- Will execution mistake – Florida law lists the requirements which are necessary to have a validly executed will in the state. If any of these requirements has not been satisfied, then the will itself may be deficient or defective.
- Testamentary capacity was lacking – A person must be of sound mind at the time he or she executes a will. Specifically, any person who makes a will must understand the nature and amount of property included in the will, the individuals who are to receive the money or property, and the manner in which the person’s will distributes the money or property at issue.
Other Issues Besides Will Contests that Require Probate Litigation
In addition, to contesting a will, probate litigation can involve issues related to determining the identity of a decedent’s heirs, issues surrounding the construction of the will, accounting issues, and issues that involve a breach of fiduciary duty.
Talk to a Sarasota Probate Litigation Lawyer Today
The experienced legal team at Inverso Law Group is ready to assist you during the probate litigation process. To schedule a free consultation and case evaluation with a Sarasota probate litigation attorney, please call us at (941) 926-6039 or contact us online today to learn more.