Probate Litigation Lawyers in Jacksonville, FL
Helping Families Navigate the Probate Process
After a family member passes away, survivors can find themselves facing complications related to the probate process. These complications can involve both estates with and without wills. An estate without a will is called “intestate” and is subject to Florida intestacy laws. This means the probate court must distribute the estate to heirs based on the law. An estate with a will must still have the will validated by the court before its instructions can be carried out. In both of these scenarios, disputes can arise among family members, personal representatives, other beneficiaries, and third parties, such as creditors making claims against the estate. This can lead to litigation in probate court.
If you are involved in a probate dispute, having competent legal representation is essential. At the Law Offices Of Fred Tromberg, our legal team has the negotiation and courtroom skills needed to help you navigate this process. We bring exceptional qualifications to the litigation process – our founding attorney Fred Tromberg is a Civil Trial Lawyer Specialist who has been Board Certified by the Florida Bar. This puts him at the pinnacle of legal training, trial experience, and adherence to ethical standards. Less than five percent of all Florida lawyers reach this professional status. Additionally, we have decades of trial practice as a team to bring to the resolution of your probate case.
Resolving Probate Disputes & Lawsuits in Florida
Probate is the process by which the state of Florida settles the estate of a deceased person. The process is supervised by the probate court and involves validating the will if one exists, identifying and locating all of the estate assets and debts, paying valid debts, and distributing the assets to the heirs and beneficiaries according to the will provisions or according to state law if no will exists. During the probate process, disputes among heirs and other parties can involve many issues.
These issues can include:
- Will contests. These contests can challenge the will’s validity. Challengers may assert that the decedent lacked proper mental capacity when writing the will, that undue influence or duress was inflicted on the decedent when writing the will, that fraud occurred, that the will was forged, or that the will was otherwise illegal and thus invalid.
- Will interpretation. Conflicts can arise between family members and beneficiaries over how a will should be understood and dispensed.
- Family/beneficiary disputes. Disputes can arise between family members, relatives, and beneficiaries as to how/when assets should be distributed among them. This can include persons who were left out of the will asserting their right to assets.
- Guardianship disputes. Family members may have differing ideas concerning who should act as the guardian of a minor child as well as the manager of what the child inherits as opposed to who is named in the will.
- Breach of personal representative’s fiduciary duty. Disputes can arise between personal representatives of the estate and the heirs and beneficiaries to it. This can include the assertion that the personal representative failed to act in the best interests of these parties.
- Removal of fiduciary. Anyone that is an interested party to an estate may seek to have the personal representative removed in his or her fiduciary duty by petitioning the court.
Work with Our Jacksonville Probate Litigation Attorneys
If you need legal advice concerning the probate of your family member or believe that the process is not being handled properly, we strongly urge you to bring your concerns to the Law Offices Of Fred Tromberg. We also represent personal representatives or personal representatives facing claims of wrongdoing in a probate matter. Regardless of your side of the issue, our knowledgeable team can provide thorough and competent legal representation designed to help you pursue the best possible outcome.
- We are always seeking a full measure of justice, nothing less.
- We fight for your rights within the bounds of the law.
- We represent our clients the way we would want to be represented ourselves.
- We fight for fair and adequate compensation to those who have sustained losses through no fault of their own.
- Our overriding goal is to maximize your recovery.