Probate Litigation Attorneys in Fort Lauderdale

Attorneys Skilled in Wills & Trusts Disputes

Florida law imposes numerous requirements on the probate process when a will is offered for probate. Surviving family members in South Florida are sometimes surprised by the contents of a loved one's will—will contests are the most common type of probate litigation. Other types of probate litigation include will construction disputes to determine how a decedent's estate should be distributed, elective share litigation, determinations of heirs when there is no will, breach of fiduciary duty actions, the removal of fiduciaries, accountings, and surcharge actions to restore losses suffered due to a fiduciary breach. If you need to bring forward or defend against these types of matters, the lawyers at Stok Kon + Braverman can assist you.

Common Forms of Probate Litigation

A Notice of Administration informs interested parties that a certain person has died, that the will has been filed for probate, and that an object needs to be filed within a certain time frame or be barred. Usually, the time period is only 20 days. There are many potential grounds to contest a will, including a mistake in execution, a lack of mental capacity, duress, undue influence, and an improper signing of the will.

A contest based on undue influence, for example, alleges that the testator may not have made the will free of coercion by someone in a position of trust and control. To prove a lack of testamentary capacity, someone challenging the will must prove that at the time the testator executed the will, they did not have the necessary mental capacity to understand how much and which kinds of property they had, the loved ones and family who would ordinarily receive that property, and how the will disposed of the property. A lawyer can advise clients on whether they can meet the necessary elements. Some reasons that a person may lack capacity include heavy medication, extreme age, and dementia.