Stuart Probate Litigation Attorney

When creating an estate plan, it’s essential to do so with the assistance of skilled legal guidance to prevent costly and emotionally charged disputes later. Probate litigation often arises when estate planning documents are unclear, improperly drafted, or when personal representatives, fiduciaries, or guardians are not properly selected. At Kitroser Lewis & Mighdoll, our Stuart probate litigation attorneys provide comprehensive legal assistance in drafting estate planning documents and handling probate disputes to protect your interests and the legacy you leave behind.

Importance of Legal Assistance in Drafting Estate Planning Documents

Properly executed wills, trusts, and other estate planning documents can help avoid many of the common issues that lead to probate litigation. By working with an experienced estate planning attorney at the outset, you can ensure that your documents comply with Florida law, clearly express your wishes, and minimize the risk of future disputes. Selecting the right individuals to serve as executors, trustees, and guardians is just as crucial. These fiduciaries will be responsible for managing assets, ensuring your directives are followed, and, in some cases, making critical decisions for beneficiaries. We provide knowledgeable guidance to help you make these decisions carefully and in line with your overall estate planning goals.

Will Contests and Grounds for Disputes

A will contest occurs when someone challenges the validity of a deceased person’s will. These challenges can be based on several legal grounds, including:

Lack of Testamentary Capacity: The challenger may claim that the testator (the person who created the will) did not have the mental capacity to understand the implications of the will at the time it was executed.
Undue Influence: This occurs when someone alleges that the testator was improperly influenced or coerced by another party into changing their will.
Fraud: A will contest may be initiated if there is evidence that the testator was deceived or misled into signing a will that did not reflect their true intentions.
Improper Execution: Florida law requires wills to be executed with specific formalities. Failure to follow these procedures, such as improper witnessing, can lead to a will being deemed invalid.

Will contests must be brought in probate court, and they are time-sensitive matters. In Florida, an interested party generally has 90 days to file a will contest once they receive notice of the will’s submission to probate. However, if they received formal notice before the will was submitted, they only have 20 days to file a challenge. In other situations, a challenge may occur at any time during the probate process.

Common Inheritance Disputes

Inheritance disputes can arise for many reasons, even when no will contest is involved. Some common issues include:

Beneficiary Disputes: When beneficiaries disagree over the distribution of assets or claim that they were unfairly excluded or shortchanged, disputes can escalate.
Trust Disputes: Conflicts may arise regarding the interpretation or administration of a trust, such as disagreements about how a trustee is managing or distributing trust assets.
Executor Misconduct: Executors and personal representatives are tasked with managing and distributing the assets of the estate. If they fail to fulfill their duties or act inappropriately, heirs or beneficiaries may bring a legal challenge.
Family Dynamics: Unfortunately, family tensions often surface when it comes time to distribute an estate, especially in cases involving blended families, second marriages, or estranged relatives.

Removal of Personal Representatives and Fiduciaries

A personal representative, trustee, or other fiduciary holds a great deal of responsibility in managing an estate. If they are found to be mishandling assets, acting dishonestly, or not fulfilling their duties as required by law, beneficiaries or other interested parties can petition the court for their removal. This type of probate litigation can be complex, requiring thorough evidence and legal arguments to prove a breach of fiduciary duty. At Kitroser Lewis & Mighdoll, we help clients pursue the removal of fiduciaries when necessary or defend against wrongful claims of misconduct. Our goal is to ensure that the estate is managed according to the decedent’s wishes and that all parties fulfill their obligations responsibly.

Protecting Your Interests in Probate Litigation

Whether you are involved in a will contest or seeking the removal of a fiduciary, the stakes in probate litigation are often high. These cases can not only affect your financial interests but also have a profound impact on family relationships. At Kitroser Lewis & Mighdoll, we combine extensive knowledge of Florida probate law with a commitment to protecting your rights throughout the litigation process. Our attorneys provide clear, practical advice and representation in and out of court, helping you navigate these difficult legal challenges with confidence.

If you are facing a probate dispute or want to ensure that your estate plan is protected from future litigation, contact Kitroser Lewis & Mighdoll today by calling us at 561-721-0600 or filling out our contact form. Let us help you safeguard your legacy and secure peace of mind for you and your family.