Fort Lauderdale Estate Litigation Lawyer Handling Complex Cases
Whether you need to defend or contest a will, we can help
Imagine a situation where family members contest the validity of a will, alleging undue influence or lack of testamentary capacity, or where creditors dispute the priority or validity of their claims against the estate. You’d need to go to court.
Estate litigation in Florida involves legal disputes and challenges related to matters such as contested wills, claims against the estate, disputes over asset distribution, or challenges to the validity of other estate planning documents.
Disputes are typically resolved through court proceedings, mediation, or negotiation, but it takes the right lawyer to get the job done. At The Levy Firm PLLC in Fort Lauderdale, estate litigation attorney Geoff Levy uses his technical knowledge of state and federal probate laws to help clients defend valid wills and invalidate others. If you have an estate dispute, contact us for a free consultation.
Types of estate litigation
Estate litigation in Florida can encompass various types of disputes and legal challenges, including:
- Will Contests. These occur when interested parties challenge the validity of a decedent's will. Common grounds for contesting a will include allegations of undue influence, fraud, lack of testamentary capacity, or improper execution of the will.
- Trust Disputes. Disputes may arise regarding the administration or interpretation of trusts established by the decedent. This can involve disagreements over the trustee's actions, distributions to beneficiaries, or the validity of the trust document itself.
- Claims Against the Estate. Creditors or other claimants may file claims against the estate seeking payment for debts owed by the decedent. These claims must be addressed and resolved through the probate process.
- Breach of Fiduciary Duty. Executors, administrators, trustees, and other fiduciaries have a duty to act in the best interests of the estate and its beneficiaries. Allegations of breach of fiduciary duty may arise if a fiduciary fails to fulfill their obligations, mismanages estate assets, or engages in self-dealing.
- Guardianship Disputes. In cases where the decedent was under a guardianship before their death, disputes may arise regarding the appointment or actions of the guardian, particularly if family members disagree about the best interests of the incapacitated person.
- Beneficiary Disputes. Disagreements among beneficiaries regarding their entitlements, distributions, or the interpretation of estate planning documents can lead to litigation.
- Homestead Disputes. Florida's homestead laws provide special protection for the primary residence of a deceased person. Disputes may arise over the status of a property as a homestead, its distribution, or claims by creditors.
- Elder Financial Abuse. Cases involving the exploitation or financial abuse of elderly individuals, including undue influence, fraudulent transfers, or improper asset management, may result in estate litigation.
These are just a few examples of the types of estate litigation that can occur in Florida.
Get estate litigation help from a South Florida lawyer you can trust
Estate litigation involves complex procedural rules and court requirements. Probate and estate planning lawyer Geoff Levy can help ensure that your estate documents comply with all legal obligations, deadlines, and filing requirements.
At The Levy Firm PLLC, we are ready to hear from you at any time to schedule a free consultation with Geoff. He can listen to the details of your circumstances, help you define your legacy goals, and explain your estate planning options. Get the benefit of Geoff’s more than 10 years providing legal services in the Tri-County Area. Contact us today.