Probate Litigation Lawyer
Florida Probate Litigation Lawyer
Our Florida Probate Litigation Lawyers help beneficiaries and personal representatives in Florida Probate litigation. Most of our cases are in Jacksonville but we work on cases in other areas of Florida. We work with clients located all over the world on Florida Probate cases and deal with Florida Will Contests, Florida Will construction, Elective Share Litigation, Determination of Heirs, Breach of a Fiduciary Duty, Removal of a Personal Representative, or Estate Accounting Issues.
Probate litigation often involves a will contest. In Florida, probate litigation is one of the most contested areas of the law. Probate litigation is used by surviving family members to correct unnatural or undesired results.
Usually, Florida probate litigation is first considered by an individual when they receive a Notice of Administration. This is a formal document that alerts all interested parties of the death of the decedent, the filing of a Will for probate, and that an objection to the probate proceedings must be commenced within a certain period of time or be forever barred.
After receiving a Notice of Administration an individual only has a limited time to respond and the dispute that may be based on a variety of legal concepts like Lack of Mental Capacity, Undue Influence, Duress, Intentional Interference with an Expectancy, or Improper Signing of the Will).
Once an individual is served with a Notice of Administration 20 days passes, most promises to settle a dispute are usually unenforceable.
In addition to a will contest there are several other grounds for Probate litigation in Florida. These include a determination of how the will should be interpreted, a determination of who the heirs are, elective share litigation, actions for breach or removal of a fiduciary or a surcharge action to recover funds lost because of a breach of a fiduciary duty.
For larger issues (those in excess of $500,000) we will even consider a contingency fee or hybrid contingency fee agreement where there is a lower hourly rate and a percentage of the recovery on Florida Probate Litigation.
If you need help with the Probate of a family member who resided in Florida or feel that there is something wrong with the way a Florida Probate is being handled or your assets have not been dealt with fairly, CONTACT our Florida Probate Lawyers by email or call us at 904-685-1200 to discuss your situation today.