Palm Beach Area Probate Litigation Attorneys Offer Steadfast Advocacy
Probate litigation is complex and requires knowledge and legal savvy
Estate planning itself is very complex and best left to trusted professionals. Estate planning documents are based upon decisions made during a moment in time. Further, the best legal counsel cannot necessarily predict the future. A particular person serving as guardian or fiduciary may have seemed like an excellent choice at one point, but something changed which renders them inappropriate.
Any number of these factors might influence the drafting of a will. Perhaps a loved one comes to believe that they are entitled to a larger portion of an estate. A major family dispute might develop. Many of these unpredictable factors might influence the possibility of probate litigation. Probate disputes, necessarily surrounding death or incapacity, have high stakes and are stressful on family members. When you encounter probate litigation, turn to trusted probate litigation attorneys at Kitroser, Lewis & Mighdoll. We have the knowledge to handle this unique and sensitive form of litigation.
Compassion handling sensitive matters
The high emotions surrounding probate and trust litigation are often family-driven and completely understandable. But the high emotions of this litigation must not cloud the legal analysis in which an experienced probate litigation attorney engages. Common probate litigation matters include:
- Will Contests. Florida law specifies a number of exact formalities for the drafting of wills and codicils (amendments to wills). Even if these technical requirements for the form of a will are met, the maker of the will (or testator) must be of sound mind and body – sometimes referred to as having “testamentary capacity.” It is not uncommon for beneficiaries of an estate, or someone who becomes excluded from an estate through a will, to contest the validity of a will. Whether questioning or defending the validity of a will, it is critical to have attentive counsel.
- Removal of Personal Representatives and Fiduciaries. Under Florida law, courts expect personal representatives and fiduciaries to act in the best interest of the estate or person they are representing. The legal distinction between a mistake, a malicious action, and a violation of a fiduciary duty sometimes takes a great deal of legal expertise to discern. When examining potential misconduct or defending yourself against claims, you need experienced counsel on your side.
- Guardianship Litigation. Guardians are supposed to guard the interests of those who cannot protect themselves. When it is suspected that a guardian has failed to fulfill their duty, intense litigation may ensue. Having seasoned legal advocacy for your position is essential in guardianship litigation.
Contact experienced Palm Beach probate litigation attorneys today for a free consultation
Probate litigation is complex and emotionally-draining. You need the right kind of advocate on your side. The savvy and tenacious Palm Beach County probate litigation attorneys at Kitroser, Lewis & Mighdoll offer helpful advice and vigorous advocacy. Contact us today to schedule a free consultation at 561-721-0600 or online.
The North Palm Beach Estate Planning Lawyers of Kitroser, Lewis & Mighdoll, welcome clients from the cities of West Palm Beach, Stuart, Palm Beach Gardens, Palm Beach, Jupiter, Tequesta, Juno Beach, Singer Island, Lake Park, Hobe Sound, Royal Palm Beach, Wellington, Lake Worth, as well as all of Palm Beach County, Martin County and South Florida.
