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Probate & Trust Litigation

Establish a proven asset protection strategy.

One of the fastest areas of litigation is in the areas of probate and trust law. Most practitioners agree that this is likely due to major trends in the socio-economic paradigms of our ever-changing culture.

 

Just think about significant trends over the last 20 to 30 years; the increase in numbers of divorces, the increase in multiple marriages (2nd, 3rd, sometimes even 4th marriages), the resulting impact of multiple marriages on family relationships; step children and the occurrence of zero sum economics; i.e., the more given to one child, the less available to the other.

 

The battleground of family law and divorce is often the breeding ground for probate and trust conflicts, and unresolved conflicts often result in litigation.

 

Some of the key areas of Florida probate and trust litigation include:

Creditor Claims

Breach of Fiduciary Duties

Removal of Personal Representative

Removal of Trustee

Will Contest

Trust Contest

Elective Share Claims

Estate Accountings

Trust Accountings

Trust Construction or Reformation

Homestead Proceedings

Estate or Trust Mediation or Settlement

Lack of Capacity

Undue Influence

Trust Decanting (contested & uncontested)

Our attorneys have experience representing fiduciaries (trustees as well as personal representatives’) executors and beneficiaries.

 

If you have concerns over how you are being treated by a fiduciary or if you serve as a fiduciary and want to insure that you conduct the estate administration in a fair and equitable manner under Florida Law, we can help guide you.

Do you need help with probate & trust litigation?