What are the most common types of Florida probate lawsuits?

What are the most common types of Florida probate lawsuits?

Depending upon the specific circumstances, Florida’s probate process can be relatively simple, or lengthy and costly for heirs when litigation over probate matters ensue. Florida probate courts have jurisdiction over most probate cases, including those involving Wills and Trusts. So what kinds of issues are most commonly litigated in Florida probate lawsuits?

The most common issues Florida probate litigation cases involve:

* Will contests due to Undue influence or Lack of capacity;
* Failure of an executor to carry out a testator’s wishes;
* Distribution and accounting objections;
* Removing an executor or fiduciary for breach of duty;
* Challenging a trustee’s investment management decisions;
* Beneficiary claims of improper distributions;
* Disputed Creditor’s claims
* Challenges to the validity of trusts (fraud, duress, undue influence, coercion, lack of capacity, improper trust formation, determining the trustor’s intent);
* Trust reformation;
* Maladministration or misadministration of trust assets
* Excessive or unreasonable fiduciary or attorney’s fees or compensation

It is always recommended that the interested parties try to resolve these disputes in advance of the start of litigation, which can become quite costly, financially and emotionally for heirs. Resolving potential litigation issues early can benefit everyone involved. However, not all litigation matters can be resolved, in which case probate litigation becomes necessary. It is important when you are involved in a Florida probate litigation or lawsuit that you retain a qualified and experienced Florida probate litigation attorney to represent you. Florida’s rules and procedures for lawsuits involving a Florida probate matter are unique, complicated and often misunderstood by attorneys not in the practice of litigating within a Florida probate matter. If you believe the Florida probate case you are involved with appears headed to litigation, contact an experienced Florida probate litigation attorney at the Law Offices of Christopher P. Taylor today for a free, one-hour initial consultation.

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