When facing disputes about asset distribution or administration following the death of family member, probate and trust litigation is often inevitable. Litigation involves challenging the terms of a will or trust, and settling disputes about their interpretation. If you are a named beneficiary or trustee, understanding the intricacies is essential. We will discuss what you need to know in order to navigate theses legal matters confidently.
Common Issues Requiring Litigation
In most cases, a trust should be established with the assistance of an estate planning attorney, to guarantee all instructions are clear, and no mistakes or omissions exist that will require legal action. Seek help from a trust litigation attorney if you find yourself in the following scenarios:
- Certain assets are missing from the will or trust, or assets are unevenly distributed.
- The deceased person was ill or mentally incapacitated.
- You were disinherited. If a will or trust was recently amended, an attorney can help you investigate the matter.
- Terms are ambiguous or beneficiaries have conflicting interests.
- You suspect fraud or criminal activity. If you believe someone may have forced the deceased person to change the terms of their will or trust.
Next Steps
Time is of the essence when it comes to legal proceedings. Depending on the certain type of notice you received, Florida’s statute of limitations will determine the amount of time you have to contest the validity of a will or trust. Some time limits may be a short as six months, so it is important to take action and contact an attorney as soon as possible.
- Schedule a consultation: Our expert attorneys at Cipparone & Cipparone specialize in will and trust litigation. During a consultation we will discuss the intricacies of your case and explore the best options for resolution.
- Assessment: We will conduct a thorough review of relevant documents, and supporting evidence relating to the dispute.
- Negotiation: In some cases, disputes can be resolved without the need for litigation. Our attorneys will represent your interests during negotiations to work towards a favorable settlement.
- Litigation: If a resolution cannot be reached, our attorneys will advocate for you in court by presenting evidence, cross-examination, and argue your case before a judge or jury.
“What I admire most in any [litigator] is a serene spirit, a steady freedom from moral indignation, an all-embracing tolerance — in brief, what is commonly called good sportsmanship.” —H.L. Mencken
Conclusion
Probate and trust litigation can be complex and emotionally taxing, but with our legal guidance, you can overcome these challenges effectively. A skilled probate and trust litigation lawyer is crucial when you’re contesting a will or trust, defending against claims of fiduciary duty breach, or trying to settle a beneficiary dispute. Your legal concerns can be resolved fairly and equally if you take proactive measures to protect your interests and understand the fundamentals of probate and trust litigation. Contact us today to schedule a free consultation!
**This blog is for general informational purposes only. Cipparone & Cipparone, P.A. does not distribute legal advice through this blog. As such, this blog does not constitute legal or other professional advice, and no attorney-client relationship is created between the reader and Cipparone & Cipparone, P.A.
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