Call Us Now
Email Us Now
Helping Clients Resolve Their Legal Disputes
Losing a loved one is always a difficult situation, whether you were prepared for it or not. While families grieve their loss and try to find ways to cope and continue with their lives, they may find themselves facing yet another challenge when one or more of their relatives are not in agreement about certain aspects of the decedent’s will or estate. Probate and estate litigation attorneys can provide much-needed guidance to help families navigate disputes and find an equitable solution for all parties involved.
The attorneys at Bloodworth Law, PLLC, have represented countless clients dealing with probate, will, and estate legal disputes in Orlando and all across the state of Florida. If you are facing a legal dispute concerning a loved one’s estate or have questions, reach out to the legal team at Bloodworth Law, PLLC, by calling 407-449-8958 to discuss your case.
What Is Probate?
Probate is a court process that takes place after someone dies. It involves verifying that the deceased person’s will is valid, identifying and inventorying their property, paying off any debts and taxes, and distributing the remaining assets to the beneficiaries. The probate process is designed to ensure that the deceased person’s wishes are followed and that their assets are properly transferred to the intended recipients. Probate can be complex and time-consuming, involving various legal requirements and deadlines.
During probate, the court will appoint a person to oversee the estate administration process. This person, called an executor or administrator, is responsible for collecting and managing the deceased person’s assets, notifying creditors, paying outstanding debts, and distributing the remaining assets to the beneficiaries. A personal representative can be an individual named on the decedent’s will or appointed by the probate court. In general, assets listed on a will and any assets solely in the decedent’s name need to go through the probate process before they can be distributed to the decedent’s beneficiaries. In general, the probate process takes an average of 6 to 9 months in Florida, but some cases may take even longer depending on the complexity of the estate and whether there are any disputes concerning the will or any aspect of the estate.
What Are the Grounds for Contesting a Will in Florida?
In some cases, one or more beneficiaries of a will may have reasons to disagree with some or all aspects of the document or the manner in which it was worded and written. In Florida, it is possible for beneficiaries to challenge a will and ask the court for help changing the terms of the will or declaring the will invalid. However, the process of contesting a will must be done carefully, as the party initiating the will contest must have sufficient grounds to do so. Simply being unhappy with the share of inheritance they received is usually not enough to contest a will.
In Florida, there are a few different grounds or reasons for someone to contest a will, such as lack of testamentary capacity, undue influence, or fraud. Lack of testamentary capacity means that the person making the will did not have the mental capacity to understand the nature of the will and its consequences. For example, if an elderly person is diagnosed with dementia around the same time they wrote and signed their will and left property in an unexpected manner (favoring one party and excluding many others, for instance), one may claim the person did not have the required mental capacity to understand what they were doing and thus could not competently have written and signed their will.
Another possible ground for a will contest is undue influence. Undue influence occurs when someone exerts psychological pressure or influence over the person making the will, causing them to make decisions that do not align with their own wishes. In our example above, a person with dementia who is pressured by a caretaker to write or alter their will to favor their caretaker may not only lack the testamentary mental capacity to do so but may also have been coerced into writing or changing their will.
One more common ground for contesting a will in Florida is fraud. Fraud can occur when someone intentionally deceives the testator (the person making the will), leading them to include provisions that they would not have otherwise included. Fraud can also occur when there are reasons to believe that the will presented to the court has been altered without the testator’s consent or is not the original will and has been falsified to benefit a certain party.
Contesting a will can be a complex legal process and can potentially spike conflicts among family members during a difficult time of grief and loss, which could strain family relationships in the long run. It is advisable to seek the assistance of a probate and estate litigation attorney who can guide you through the process and ensure you have the right evidence to support your case.
How Can Probate Litigation Help Me With an Irresponsible Personal Representative?
A personal representative, also called an executor or administrator, plays a crucial role in the probate process. They can be appointed by the decedent’s will or by the probate court and will be in charge of a variety of tasks necessary to take their loved one’s estate through the probate process, distribute assets, and close out the estate. Some of the responsibilities of a personal representative include collecting and managing the deceased person’s assets and debts, notifying creditors, paying outstanding debts, and distributing the remaining assets to the beneficiaries.
However, being a personal representative is no small task, as it requires a reasonable level of commitment, organization, and basic financial skills. In some instances, a personal representative may act irresponsibly or fail to fulfill their duties properly. While many disputes involving personal representatives may be resolved through alternative means, such as mediation, in some cases, it may be necessary to resort to probate litigation to address the situation.
If you believe that the personal representative is not carrying out their responsibilities effectively or is mishandling the decedent’s estate, you have the option to petition the court to have them removed. Valid reasons for seeking their removal may include mismanagement of assets, conflicts of interest, failure to communicate with beneficiaries, or any other acts that are detrimental to the estate.
For example, you may ask the court to remove your sibling as the personal representative of your parent’s estate if you can show enough evidence that they are not following their fiduciary duty and engaging in wrongful conduct, such as self-dealing of estate assets or failing to properly manage the estate’s finances. This process must be done carefully and with the help of an experienced Florida estate and probate litigation attorney, as there is always the risk that the current personal representative may exhaust the estate funds by putting them towards the cost of litigation.
What Is Will Reformation?
There are some cases in which a will does not need to be completely invalidated by the court. Instead, beneficiaries may ask the court to change parts of the will. In Florida, this process is known as will reformation.
Will reformation is the process of modifying or changing portions of a will to correct errors or address ambiguities. This can be necessary when there are mistakes in the will’s language if the will contains language that can be misinterpreted or has more than one meaning. Will reformation can usually be sought when there is clear and convincing evidence that the will does not reflect the testator’s true wishes or that certain errors in the will may prevent it from being interpreted in the manner originally intended by the testator.
Will reformation is a legal proceeding that requires proper documentation and can benefit from skilled representation. To initiate the process of will reformation in Florida, a petition needs to be filed with the probate court, along with evidence to support the petition. The court will then review the evidence and determine whether the requested changes are appropriate. In many cases, this is done by scheduling a court hearing with all interested parties. If you need to file a will contest or need representation for the process of petitioning the court for a will reformation, the attorneys at Bloodworth Law, PLLC, are here to help.
Why Should I Hire a Probate Litigation Attorney for My Case?
Probate disputes involving a loved one’s estate or will can be quite complex and emotionally challenging, especially when you are still grieving a recent or unexpected death. Add to that the strain of a conflict among family members, and you may find yourself in an even more difficult situation, where making rational decisions with a clear mind may be next to impossible.
A probate litigation attorney can act as your legal ally and help you conduct negotiations with the other party to try to reach an agreement in the most efficient manner possible. Sometimes, that means resorting to mediation or another form of negotiation outside of the courtroom. Other times, it means preparing yourself, gathering evidence to support your case, and taking matters to the courtroom. Whatever your situation may be, being able to rely on the knowledge and experience of a skilled probate and estate litigation attorney can truly make a difference in your case.
The legal team at Bloodworth Law, PLLC has represented countless clients in Orlando and all around Florida, helping them resolve their Florida probate and estate legal disputes while looking out for their best interests. If you are looking for legal advice concerning a legal matter in the areas of probate, will contests, or estate litigation, there is no reason to try and figure it all out yourself. Do not hesitate to contact the probate litigation attorneys at Bloodworth Law, PLLC, by calling 407-449-8958 and requesting an initial consultation to discuss your case.