North Palm Beach Estate & Probate Litigation Attorney

Estate and probate litigation can be a complex and emotional process, especially when disputes arise among family members or beneficiaries in North Palm Beach, FL. These legal battles often stem from disagreements over wills, trusts, and the management of a loved one’s estate after their passing. Kitroser Lewis & Mighdoll specializes in estate and probate litigation, providing clients with the experienced representation needed to navigate these sensitive matters. Our North Palm Beach estate & probate litigation attorneys are committed to helping clients resolve disputes efficiently while protecting their rights.

Common Causes of Estate & Probate Litigation

Several common causes can lead to estate and probate litigation in North Palm Beach, including:

Will Contests: Beneficiaries or family members may challenge the validity of a will if they believe it was executed under undue influence, fraud, or if the decedent lacked the necessary mental capacity at the time the will was created. Disputes may also arise over the proper execution of the will according to Florida law.

Trust Disputes: Trusts can become a point of contention when beneficiaries believe the trustee is not acting in their best interests or if there are allegations of mismanagement. Disputes can also occur if there is ambiguity in the trust’s terms or disagreements over the distribution of trust assets.

Breach of Fiduciary Duty: Executors, trustees, and personal representatives have a fiduciary duty to manage the estate or trust in a way that benefits the beneficiaries. If they fail to meet these obligations, whether through mismanagement, self-dealing, or neglect, beneficiaries may file a lawsuit for breach of fiduciary duty.

Disputes Over Asset Distribution: In some cases, beneficiaries may dispute how assets are distributed, particularly if they feel they have been unfairly excluded or received less than expected. These disputes can be especially contentious when estate planning documents are unclear or have not been updated to reflect current family dynamics.

Guardianship and Conservatorship Disputes: Family members may disagree over who should be appointed as the guardian or conservator for an elderly or incapacitated relative. Disputes often arise when there are concerns about the proposed guardian’s intentions or fitness for the role.

Common Issues in Estate & Probate Litigation

Estate and probate litigation in North Palm Beach often involves various legal and practical issues, such as:

Ambiguous Estate Planning Documents: When a will or trust contains vague or conflicting provisions, disputes may arise over how to interpret the decedent’s intentions. Resolving these ambiguities requires careful legal analysis and often leads to litigation.
Executor or Trustee Misconduct: Executors and trustees are responsible for managing an estate or trust according to the decedent’s wishes. However, if they fail to carry out their duties properly, beneficiaries may take legal action to hold them accountable.
Undue Influence or Lack of Capacity: Questions about the mental capacity of the decedent or whether they were subjected to undue influence when creating their estate plan can lead to challenges to the validity of the will or trust.
Family Conflicts: Estate and probate litigation can be emotionally charged, particularly when family members disagree over the distribution of assets or the appointment of guardians. These conflicts can complicate the litigation process and require skilled legal intervention.
Non-Probate Assets: Disputes may arise over assets that pass outside of probate, such as jointly held property or life insurance proceeds. These issues can complicate the administration of the estate, especially if beneficiaries believe they were wrongfully excluded from receiving certain assets.

The Estate & Probate Litigation Process in Florida

The estate and probate litigation process in North Palm Beach can be detailed and involves several stages:

Filing the Petition: Probate litigation typically begins when a petition is filed in the probate court. This petition outlines the dispute, whether it’s a will contest, trust dispute, or other matter. Once the court accepts the petition, the litigation process formally begins.
Discovery: During discovery, both sides gather evidence to support their claims. This process includes collecting financial documents, medical records (if mental capacity is in question), and other pertinent materials. Testimonies from witnesses or experts may also be gathered.
Mediation and Settlement Negotiations: Many probate disputes are resolved through mediation, where parties negotiate a resolution outside of court. This is often preferred, as it can save time and reduce the financial and emotional toll of prolonged litigation.
Court Proceedings and Trial: If mediation fails, the case may go to trial. Both sides will present evidence and arguments before the court. A judge will then make a ruling based on the legal merits of the case.
Post-Trial and Appeals: After the court issues its decision, parties may have the option to appeal if they are dissatisfied with the outcome. This can prolong the litigation process, but it may be necessary to achieve a fair result.

North Palm Beach Estate & Probate Litigation Attorneys Kitroser Lewis & Mighdoll Can Help

Kitroser Lewis & Mighdoll offers comprehensive legal services for individuals facing estate and probate disputes in North Palm Beach. Their attorneys are experienced in navigating the complexities of Florida probate law and are committed to helping clients resolve disputes with efficiency and care. Here’s how they can assist:

Will and Trust Challenges: Whether you are seeking to contest the validity of a will or defend against a challenge, Kitroser Lewis & Mighdoll has the experience necessary to advocate for your position. Their team understands the sensitive nature of these disputes and works diligently to protect your interests.
Breach of Fiduciary Duty Claims: Executors and trustees are held to a high standard, and if they breach their fiduciary duties, they can be held accountable. Kitroser Lewis & Mighdoll is experienced in prosecuting and defending fiduciary litigation, ensuring that estates and trusts are properly managed.
Resolving Beneficiary Disputes: Family disputes over asset distribution can be highly contentious. Kitroser Lewis & Mighdoll works to find fair resolutions, whether through negotiation, mediation, or litigation, while keeping the best interests of the beneficiaries in mind.
Guardianship and Conservatorship Disputes: If you are involved in a guardianship dispute, we can represent you in court proceedings, ensuring that your loved one receives the proper care and that the guardian is acting in their best interest.
Alternative Dispute Resolution: Litigation can be time-consuming and costly. Kitroser Lewis & Mighdoll strives to resolve probate disputes through alternative dispute resolution methods such as mediation, which can provide quicker, less adversarial outcomes.
Aggressive Court Representation: When litigation is unavoidable, our firm is prepared to aggressively represent you in court. Their experienced attorneys understand the intricacies of probate law and are dedicated to achieving the best possible outcome for their clients.

If you are involved in an estate or probate dispute in North Palm Beach, FL, contact Kitroser Lewis & Mighdoll for expert legal guidance. Their compassionate and knowledgeable attorneys can help you navigate the litigation process, protect your rights, and work towards a resolution that aligns with your interests. Reach out today to schedule a consultation and learn how our North Palm Beach estate & probate litigation lawyers can assist you during this difficult time.