probate litigation
5 Signs Probate Litigation Might Be Your Best Option

Probate litigation can be a complex and challenging process, but sometimes it’s the best option to resolve disputes and protect your interests. In this blog post, we will explore five signs that indicate probate litigation might be your best course of action.

Whether you’re dealing with a contested will, outstanding debts, fraud suspicions, outdated or missing wills, or the need to hold an executor accountable, understanding these signs can help you make informed decisions. 

5 Reasons to Pursue Florida Probate Litigation

  1. You Want to Challenge the Will

In the event of an unexpected disinheritance, it is crucial to understand that you have the option to contest the terms of your loved one’s will. As a beneficiary, you possess the legal grounds to challenge a will if your relative was coerced into altering it, lacked the mental capacity to create a valid will, or if another party forged the will. With our extensive experience, we specialize in meticulously investigating crucial details and presenting you with clear and direct options. We are dedicated to assisting you through this process and ensuring the protection of your rightful inheritance.

  1. You Are Trying to Collect on a Debt

It is not uncommon for individuals to pass away with outstanding debts. While the executor of the estate has the responsibility to inform creditors and address valid creditor claims, there are specific procedures that creditors must follow to collect these debts. Acting promptly is of utmost importance, as delays can result in the closure of the estate and the distribution of funds to beneficiaries, potentially leaving you without a means of repayment. Our knowledgeable team can guide you through filing a claim against the estate, safeguarding your right to fair repayment and preventing irreparable losses.

  1. You Think Fraud Has Occurred

In the realm of probate, executors, trustees, guardians, and agents acting under a power of attorney hold considerable authority. Unfortunately, there are instances where this authority is abused, leading to fraudulent activities. If you suspect fraud has occurred, our proficient estate litigation lawyers are equipped to conduct a thorough investigation. We possess the expertise to gather compelling evidence and present your case convincingly before a judge. By taking decisive action, we can help you get a fair chance at justice and protect the estate from further harm.

  1. A Dispute Arises and There Is No Will or the Will Is Outdated

Probate disputes can arise for various reasons, particularly when a loved one has not left behind a will. In such cases, surviving family members must navigate the challenging task of determining who will serve as the estate executor, often leading to disagreements and conflicts. Similarly, if there is a will, but it is outdated or lacks relevant information, it can result in undeserving individuals benefiting financially or gaining control over the estate. Engaging in probate litigation becomes imperative to resolve these disputes and ensure a just distribution of assets. With our seasoned probate attorneys by your side, we will guide you through the intricate process, advocating for your rights and striving for a favorable resolution.

  1. You Want to Hold an Executor or Fiduciary Accountable

The individual entrusted with administering your loved one’s estate, commonly known as the executor or personal representative, bears a professional and legal duty to act in the best interest of the estate. However, there are instances where these fiduciary duties are breached, resulting in financial losses or other detrimental consequences. Whether you need to pursue a claim against an executor for violating their fiduciary duty or defend yourself as an executor or trustee against accusations from heirs, our competent team at Casal & Moreno is here to provide unwavering support. We possess the expertise to navigate the formal accounting procedures, ensuring meticulous account of all property and debts within the estate and their proper distribution.

Estate Planning Is Essential If You Want to Avoid Probate Litigation

If you are the executor of a will in Florida, it is crucial to understand that hiring a lawyer is essential for successfully navigating the probate process. This process can be intricate and demanding, requiring expertise and knowledge of the legal intricacies involved.

If not handled correctly, the probate process can lead to unforeseen complications, resulting in additional expenses and significant delays. However, it is important to recognize that while probate litigation can effectively resolve disputes, it is often preferable to prevent litigation altogether. Taking a proactive approach to estate planning plays a pivotal role in minimizing the likelihood of conflicts and ensuring a smooth transfer of assets to your beneficiaries.At Casal & Moreno, we offer comprehensive estate planning services tailored to your unique needs and goals. By working closely with our experienced attorneys, you can proactively protect your loved ones from the stress and uncertainty of probate and probate litigation. Contact us today at (305)-476-5080 to discuss your probate and estate planning needs. We proudly serve the Coral Gables area and surrounding suburbs, including Coconut Grove, Miami, Pinecrest, South Miami, Doral, and Brickell.