Probate and Trust Litigation

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At Shupe Legal, we understand that disputes surrounding probate and trust matters can be emotionally taxing and legally complex. Our goal is to provide you with the information and legal support needed to navigate these difficult situations.

Florida probate and trust litigation matters can include:

  • Personal Representative Representation
  • Beneficiary Representation
  • Beneficiary Disputes
  • Heir Representation
  • Heir Disputes
  • Probate Litigation
  • Trust Litigation

What is Florida Probate Litigation?

Florida probate litigation arises when there are disputes related to the administration of a deceased Florida resident’s estate. This could involve:

  • Will Contests: Challenges to the validity of a will based on claims of undue influence, lack of testamentary capacity, or improper execution.
  • Breach of Fiduciary Duty: Claims against executors or personal representatives for mismanagement or failure to act in the best interest of the beneficiaries.
  • Estate Accounting Disputes: Disagreements over how the estate's assets are managed or distributed.
  • Creditor Claims: Disputes involving creditors seeking payment from the estate.

What is Florida Trust Litigation?

Florida trust litigation, on the other hand, involves disputes over the administration or terms of a trust. Common trust litigation matters include:

  • Trustee Misconduct: Allegations that a trustee has failed in their duties, such as misappropriating assets, mismanaging the trust, or self-dealing.
  • Contesting Trust Amendments: Disputes over changes made to a trust, which may involve questions of undue influence or capacity.
  • Trustee Removal: Seeking the removal of a trustee for breach of fiduciary duty or failure to properly administer the trust.
  • Trust Construction: Clarifying ambiguous or unclear terms of a trust document.

Common Causes of Probate and Trust Litigation

Disputes about Florida probate matters, or Florida Trusts often arise due to:

  • Ambiguities in the will or trust documents
  • Changes made late in life, especially under suspicious circumstances
  • Family conflicts or blended family dynamics
  • Allegations of elder financial abuse
  • Disagreements among beneficiaries over asset distribution

How We Can Help

Our experienced probate and trust litigation team provides comprehensive legal representation to fiduciaries, beneficiaries, and other interested parties. We focus on:

  • Investigating the Claims: Gathering evidence to either support or defend against claims of misconduct or fraud.
  • Mediation and Settlement: Exploring alternatives to litigation to resolve disputes efficiently.
  • Aggressive Court Representation: When necessary, we represent clients in court to protect their rights and interests.

If you need assistance with a Florida probate or trust litigation matter, make sure to contact us without delay.  Often there are short time frames in which you have to take action, and you may lose your ability to enforce your rights if you wait too long.

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