Tampa Probate Litigation Attorney
Probate is the formal process of administering a deceased Florida resident’s estate. While the typical probate takes just a few months to complete without incident, there are situations where a dispute may arise over the administration of the estate. Such disputes are often further complicated by the fact that it is often family members who are the litigants.
As with any legal disagreement, it is essential that you seek out advice and representation from a lawyer who is knowledgeable in the field. Our Tampa probate litigation attorney can help. Knudsen Law is a full-service Florida estate and probate firm that represents parties in a wide range of legal disputes. We can handle your case from the initial investigation and filing pre-trial motions to handling settlement negotiations and, where necessary, handling the trial itself.
What Types of Disputes Lead to Florida Probate Litigation?
A Florida probate involves a number of parties, each of whom may have grounds for initiating litigation. Here are a few common examples:
- There are rival petitioners who each claim the decedent executed a different will.
- There are two or more people with the right to be named personal representative under Florida law, and they cannot agree on who should serve.
- A legal heir contests a will that disinherits them or reduces the amount they would take from the estate if the will is admitted to probate.
- The personal representative (executor) seeks to recover property from a third party that they believe rightfully belongs to the estate.
- A creditor sues to enforce a claim against the estate that the personal representative refuses to pay.
- A beneficiary of the estate believes the personal representative is not fulfilling their responsibilities and seeks to replace them with someone else.
- There is an ambiguous term or instruction in the decedent’s will and the beneficiaries cannot agree as to its meaning.
- The executor has engaged in fiduciary misconduct and the beneficiaries wish to seek an award of monetary damages.
One thing to note about Florida probate litigation is that it only covers matters affecting a decedent’s probate estate. If the deceased created one or more trusts as part of their estate plan, any assets in those trusts are not part of the probate estate. There may be separate litigation over the trusts, but that is subject to a different part of Florida law than probate estates.
Our Tampa Probate Litigation Attorneys Are Here for You
The last thing most people want to do following the loss of a family member is to initiate litigation. Unfortunately, there are circumstances where this is simply unavoidable. The best thing that you can do in this situation is to work with an experienced Tampa probate litigation attorney who can explain the process to you, advise you of your rights under Florida law, and represent your interests before the court.
If you would like to speak with an attorney as soon as possible, contact Knudsen Law today at (727) 398-3600 to schedule a consultation.
