Jensen Beach Estate & Probate Litigation Attorney

Estate and probate litigation in Jensen Beach, FL, involves resolving disputes over the administration of a deceased person’s estate. These disputes can be emotionally charged, often involving family members and beneficiaries who disagree over asset distribution, the validity of wills or trusts, or the actions of executors and trustees. Kitroser Lewis & Mighdoll, a reputable estate and probate litigation law firm serving Jensen Beach, offers comprehensive legal services to clients facing these challenges. Our experienced Jensen Beach estate & probate litigation attorneys guide clients through the litigation process, ensuring that their rights and interests are protected.

Common Causes of Estate & Probate Litigation

Several common causes can lead to estate and probate litigation in Jensen Beach:

Will Contests: Disputes may arise when beneficiaries or family members believe that a will is invalid. Grounds for contesting a will often include claims of undue influence, fraud, or lack of mental capacity at the time the will was created. Some disputes may center around whether the will was properly executed in accordance with Florida law.
Trust Disputes: Trusts are meant to simplify the distribution of assets, but disagreements can occur when beneficiaries believe the trustee is not fulfilling their fiduciary duties. Trust disputes may involve allegations of mismanagement, lack of transparency, or conflicts over the interpretation of the trust terms.
Breach of Fiduciary Duty: Executors, personal representatives, and trustees are legally obligated to act in the best interest of the estate or trust’s beneficiaries. Breaches of fiduciary duty occur when these individuals fail to properly manage the estate or trust, whether through negligence, misconduct, or self-serving actions. Beneficiaries can pursue litigation to address these breaches.
Disagreements Over Asset Distribution: Beneficiaries may dispute how assets are distributed, particularly when they feel they have been wrongfully excluded or unfairly treated. These disputes can involve interpretation issues regarding wills or trusts or arise when assets pass outside of the probate process.
Guardianship and Conservatorship Disputes: Disagreements over guardianship or conservatorship can lead to litigation, especially when family members are concerned about who should be appointed to manage the affairs of an incapacitated loved one.

Common Issues in Estate & Probate Litigation

Estate and probate litigation in Jensen Beach often presents a variety of legal and procedural issues, including:

Ambiguity in Estate Documents: Wills and trusts may contain unclear or contradictory language that leads to disputes over the decedent’s true intentions. These ambiguities can require legal interpretation, often resulting in litigation.
Executor or Trustee Misconduct: If an executor or trustee mismanages the estate, beneficiaries may file claims for breach of fiduciary duty. This can include failure to distribute assets in a timely manner, improper accounting, or self-dealing.
Undue Influence or Lack of Capacity: Allegations that a will or trust was created under undue influence or at a time when the decedent lacked mental capacity are common in probate litigation. These claims require careful legal scrutiny and evidence to support or refute them.
Family Disputes: Family dynamics often play a role in estate and probate litigation, as emotions run high and disagreements over asset distribution or care for a loved one can escalate into legal battles. These conflicts can prolong the litigation process and require skilled legal intervention.
Disputes Over Non-Probate Assets: Assets such as jointly held property, life insurance policies, or retirement accounts that bypass the probate process can still become the subject of disputes if beneficiaries believe they were wrongfully excluded or that the asset distribution was unfair.

The Estate & Probate Litigation Process in Florida

The estate and probate litigation process in Jensen Beach follows several steps, each of which requires careful legal navigation:

Filing a Petition: Litigation begins when a petition is filed in probate court. This petition outlines the nature of the dispute, such as contesting a will, addressing a trust dispute, or claiming a breach of fiduciary duty. The court will review the petition and initiate the legal process.
Discovery: During discovery, both parties gather evidence to support their positions. This can include obtaining financial records, medical documents (if mental capacity is an issue), and testimony from witnesses or expert witnesses. The discovery process is critical to building a strong case.
Mediation and Settlement Negotiations: In many probate cases, the parties may attempt to resolve their differences through mediation. Mediation is a form of alternative dispute resolution where a neutral third party helps the disputing parties negotiate a settlement. This can save time and resources compared to a full trial.
Trial: If mediation is unsuccessful, the case will proceed to trial. Both sides will present their evidence and arguments before the probate court, and a judge will make a final ruling. The trial process can be lengthy and requires a well-prepared legal strategy.
Post-Trial and Appeals: Once a decision is made, there may be options for appeal if one party believes that errors were made in the trial process. Appeals can prolong the litigation, but they may be necessary to achieve a fair outcome.

Contact Kitroser Lewis & Mighdoll for Jensen Beach Estate & Probate Litigation

Kitroser Lewis & Mighdoll provides experienced legal representation for individuals facing estate and probate litigation in Jensen Beach. Their team of dedicated attorneys offers a client-focused approach, providing personalized guidance through every step of the process. Here’s how they can help:

Will and Trust Disputes: Kitroser Lewis & Mighdoll has extensive experience handling will contests and trust disputes. Whether you are challenging the validity of a will or trust, or defending against such claims, their attorneys can provide the legal expertise needed to protect your interests.
Fiduciary Duty Claims: If you believe an executor, personal representative, or trustee has breached their fiduciary duty, Kitroser Lewis & Mighdoll can help you pursue a claim. They work diligently to hold fiduciaries accountable and ensure that estates and trusts are managed according to the law.
Beneficiary Disputes: Disputes between beneficiaries can lead to lengthy litigation. Kitroser Lewis & Mighdoll strives to resolve these disputes through negotiation and mediation when possible, but they are also prepared to represent clients in court if litigation becomes necessary.
Guardianship and Conservatorship Disputes: Kitroser Lewis & Mighdoll provides skilled representation in guardianship and conservatorship disputes, ensuring that your loved one’s needs and best interests are protected.
Comprehensive Legal Support: The attorneys at Kitroser Lewis & Mighdoll are experienced in all aspects of estate and probate litigation, from filing petitions to navigating the complexities of discovery, mediation, and trial. They are committed to achieving the best possible outcomes for their clients, providing clear communication and strategic guidance throughout the litigation process.

If you are involved in an estate or probate dispute in Jensen Beach, FL, Kitroser Lewis & Mighdoll is here to help. With their extensive experience in probate litigation and estate law, they are well-equipped to handle even the most complex cases. Contact Kitroser Lewis & Mighdoll today to schedule a consultation and learn how they can provide the legal support you need during this challenging time.