Probate & Trust Litigation Attorney

Protecting your rights and your legacy when it matters most

People generally do not engage in litigation over a small estate, but probate and trust litigation involves large estates, which are inherently more prone to probate or trust litigation. When litigation ensues in regard to a will or a trust, it generally takes two forms. It can be a challenge to the estate planning document itself, such as whether a will should be admitted to probate. Or, it can be a challenge with the administration of the estate, such as who will serve as a personal representative or a trustee.

Probate is the court-supervised administration of a decedent's estate, which begins with proving the will. The process was established by state law to transfer assets from the decedent's name to his or her beneficiaries. The will is the document that is written and signed by the deceased; this document specifies how the property is to be distributed among the beneficiaries.

A will contest is a formal objection that is raised against the validity of a will. This objection is based on the contention that the will does not reflect the testator's (the person who made the will) actual wishes. Often, a will contest will argue that the testator lacked testamentary capacity, was under undue influence, or was the subject of fraud.

The person who challenges the will is often referred to as the "contestant," and the contestant can challenge the will in its entirety or in part. Those who have legal standing to contest a will are those named in the will and those who stand to inherit from the testator if the will is proven invalid. Such individuals would usually benefit under Florida's intestate succession laws, which take effect when someone dies without a will. 

Speak with a probate & trust litigation lawyer today—schedule your consultation online or call (954) 228-6126 to discuss your case.

Choosing a Probate Litigation Attorney in Pembroke Pines

When you are deciding whom to trust with a dispute over a will, trust, or estate, it helps to understand how the attorney will approach your case and communicate with you over time. In probate litigation, emotions can run high, and family relationships may already be strained, so you need clear guidance about what the law allows and what realistic options you have. I take time in our initial meetings to learn the history of your family, the assets involved, and any prior agreements or promises so that we can develop a strategy that fits your goals rather than forcing you into a one-size-fits-all approach. I also explain how proceedings in the Broward County probate courts typically unfold so that you know what to expect before important hearings and deadlines.

In working with me as your probate litigation attorney, you can expect regular updates in plain language, whether your case involves challenging the validity of a will, objecting to an accounting, or seeking the removal of a personal representative. I encourage clients to ask questions about potential outcomes, costs, and timing so that we can adjust our plan as new information develops, and I make sure you understand the impact of any proposed settlement before you decide whether to accept it or continue in court. Because Florida probate law and local rules in Broward County have specific procedures, my role is to guide you through those steps while helping you weigh the legal and personal consequences of each choice you face.