Orlando Business, Estate, and Litigation Attorneys

A probate petition begins the probate process. In most cases, the petition is filed in the county where the deceased lived at the time of their death. If there is a will, it may indicate which county the probate petition should be filed. If it is unclear where your loved one lived at the time of their death, you can use clues like their voter registration location, where they owned property, and where they held a driver’s license to decide where to file. When a deceased person owns property in multiple states, you may have to go through ancillary probate, or probate conducted in a second state.

If a business has sustained losses or has been negatively affected by the actions of another business or individual and is able to successfully file a business tort lawsuit, the court may offer two different types of remedies – injunctions or actual damages. An injunction is a court order that requires a defendant to do something or stop doing something that is harming the plaintiff’s business, such as publishing a public correction notice or refraining from illegally using trademarked assets. If the plaintiff has sustained financial losses, the defendant may also be ordered to pay the plaintiff monetary damages. Each case is unique, so be sure to ask your attorney about the types of remedies available for your claim.

Estate planning is an important set of documents and tools that allow individuals to plan for what should happen to their assets after they pass away. This process is especially important for individuals who own a small business and wish to plan for how their business will continue after they pass away. Effective estate planning can help shield a person’s estate from excessive taxation, reduce the possibility of conflicts among beneficiaries, protect the estate assets from creditors, and help preserve that person’s legacy for future generations.

The executor or personal representative of a decedent’s estate has an important role in ensuring that the estate assets are properly managed and distributed to the beneficiaries. The personal representative also has a fiduciary duty to protect the estate assets and conduct themselves with transparency and honesty. When a personal representative breaches their duty and engages in wrongful conduct, the beneficiaries or interested parties of the estate may petition the probate court for the removal of that individual. An attorney can assist with the process of preparing a petition for removal of an estate executor.

Like a will, a trust can be contested if someone believes it is invalid. Trusts are often contested if an individual believes there was undue influence, failure to comply with legal procedures, or mental incapacity involved. When someone contests a trust, they must file a claim requesting that any contested areas of the trust be removed. They must show proof of invalidity for their claim to be granted. Working with an experienced trust litigation lawyer is the best way to contest a trust or protect a trust during legal action.