Martin County Estate & Probate Litigation Attorney

Estate and probate litigation in Martin County, FL, often arises when disputes surface regarding wills, trusts, and the distribution of assets after a loved one’s death. Whether it’s a disagreement between heirs or claims of mismanagement by executors or trustees, these legal challenges require the guidance of an experienced attorney. Martin County estate & probate litigation attorneys Kitroser Lewis & Mighdoll are dedicated to helping individuals navigate these complex and emotionally charged cases. Their expertise ensures that your rights are protected and that disputes are resolved as efficiently as possible.

Common Causes of Estate and Probate Litigation

Probate disputes in Martin County frequently stem from a variety of factors, including:

Will Contests: One of the most common reasons for probate litigation is a challenge to the validity of a will. Beneficiaries may contest a will if they believe the decedent was unduly influenced, lacked the mental capacity to create the document, or if the will was improperly executed.

Trust Disputes: Litigation involving trusts often arises when beneficiaries feel that the terms of the trust are not being followed, or if they suspect mismanagement by the trustee. Disputes can also occur if the terms of the trust are unclear, leading to disagreements about the distribution of assets.

Breach of Fiduciary Duty: Executors, trustees, and personal representatives are held to high standards in the management of estates and trusts. When they fail to act in the best interests of the beneficiaries—whether through mismanagement, self-dealing, or failure to account for assets—it can lead to litigation.

Disputes Over Asset Distribution: When the decedent’s intentions regarding the distribution of their assets are unclear or disputed, beneficiaries may find themselves in legal conflicts. Litigation often arises over claims of unequal or unfair distribution of assets, particularly when estate planning documents are ambiguous or incomplete.

Guardianship and Conservatorship Disputes: Disagreements over who should serve as the legal guardian or conservator of a vulnerable individual (such as an elderly or incapacitated person) can lead to court battles. Family members may disagree on the appointment, questioning the fitness or intentions of a proposed guardian.

Common Issues in Estate & Probate Litigation

Estate and probate litigation in Martin County often revolves around several common issues:

• Ambiguous Estate Planning Documents: When a will or trust document contains unclear language or conflicting provisions, beneficiaries may interpret it differently, leading to disputes. Legal interpretation and expertise are critical in resolving such issues.
• Executor or Trustee Misconduct: Executors and trustees are obligated to manage the estate or trust in a manner that serves the best interests of the beneficiaries. Allegations of misconduct—such as failing to properly distribute assets, mismanaging funds, or acting in self-interest—can lead to serious legal challenges.
• Undue Influence and Lack of Capacity: If there are concerns that the decedent was pressured or coerced into making decisions about their estate planning, or that they lacked the mental capacity to do so, the validity of a will or trust may be questioned.
• Disputes Over Non-Probate Assets: Sometimes, disputes arise over assets that pass outside of probate, such as life insurance policies or jointly owned property. These disputes can complicate the probate process, particularly when beneficiaries feel they have been wrongfully excluded.

The Estate & Probate Litigation Process in Martin County, FL

The probate litigation process in Martin County can be intricate, often involving several key steps:

1. Initiating the Case: Estate and probate litigation typically begins with the filing of a petition in the probate court. This petition outlines the nature of the dispute, whether it is a will contest, trust disagreement, or other issues. Once filed, the court will review the petition and set a timeline for the litigation.
2. Discovery Process: During discovery, both sides gather evidence to support their claims. This can involve reviewing financial documents, medical records (in cases of capacity or undue influence challenges), depositions, and testimonies from witnesses or experts.
3. Mediation and Negotiation: Many probate disputes are resolved through alternative dispute resolution methods, such as mediation or negotiation. These approaches allow parties to reach a settlement without the need for a full trial, saving both time and costs.
4. Court Proceedings and Trial: If mediation fails, the case will proceed to trial. During the trial, both sides will present their arguments, and the court will make a determination based on the facts and applicable laws.
5. Post-Trial Appeals and Enforcement: After the court has ruled, parties may have the option to appeal the decision. In some cases, additional legal steps may be required to enforce the court’s orders regarding asset distribution or other actions.

How Kitroser Lewis & Mighdoll Can Help

Kitroser Lewis & Mighdoll is a highly regarded law firm serving clients in Martin County, FL, with extensive experience in estate and probate litigation. Their skilled attorneys are committed to providing personalized legal support, guiding clients through every stage of the litigation process with compassion and expertise. Here’s how they can help:

• Challenging or Defending Wills and Trusts: Whether you are seeking to contest a will or trust due to concerns about undue influence, fraud, or lack of capacity, or you need to defend against such challenges, Kitroser Lewis & Mighdoll has the experience and resources to handle these sensitive disputes.
• Fiduciary Litigation: If you are an executor or trustee facing allegations of misconduct, or a beneficiary seeking to hold a fiduciary accountable for breaching their duties, Kitroser Lewis & Mighdoll can provide strong representation to ensure that fiduciary responsibilities are properly upheld.
• Resolving Beneficiary Disputes: Kitroser Lewis & Mighdoll is adept at navigating conflicts between beneficiaries, helping to clarify ambiguous estate planning documents, and ensuring that your interests are represented throughout the litigation process.
• Guardianship and Conservatorship Disputes: The firm has extensive experience handling guardianship and conservatorship litigation, ensuring that vulnerable individuals are protected and that the legal process is followed correctly.
• Mediation and Negotiation: Whenever possible, Kitroser Lewis & Mighdoll seeks to resolve disputes outside of court, saving clients time and reducing emotional strain. Their team is skilled in mediation and negotiation, working towards favorable resolutions for all parties involved.
• Aggressive Trial Representation: When litigation becomes inevitable, Kitroser Lewis & Mighdoll will aggressively advocate for your rights in court. Their attorneys are well-versed in the complexities of probate law and will provide a strong defense or prosecution to achieve the best possible outcome.

Contact Our Skilled Martin County Estate & Probate Litigation Attorneys

If you are involved in an estate or probate dispute in Martin County, FL, contact Kitroser Lewis & Mighdoll for dedicated and skilled legal assistance. With their deep knowledge of probate and estate law, they can help you navigate the complex legal landscape and work towards a resolution that protects your rights and interests. Reach out today for a consultation and learn how our Martin County estate & probate lawyers can assist you during this challenging time.