During probate, a deceased person’s estate is dealt with according to the Florida Probate Code. The deceased person’s personal representative inventories the estate and determines its value, pays off debts and taxes, and then transfers the estate to the beneficiaries. At any point in this process, challenges can arise, and sometimes litigation is unavoidable. A Tampa, FL probate litigation attorney can help you bring a case or defend against litigation.
From a Tampa, FL Probate Litigation Attorney: About Litigation
In the context of probate, the most common disputes are over whether the will is valid, how the estate is being administered by the executor, or how the terms of the will should be interpreted. Anyone who has a stake in the estate can bring a claim, so this is usually beneficiaries, executors, creditors, or anyone who would legally be eligible as an heir of the estate, even if the will doesn’t name them as a beneficiary.
Just because a person thinks they should have been in a will and brings a litigation challenge doesn’t mean the court will hear it, of course, but those with a stake in the estate have the right to try if they can bring a case to show there’s a problem with the will.
Probate Litigation Process
A case begins when one of the interested parties files a petition with the court. This will summarize what they are claiming or objecting to. The court will then decide whether to hold a hearing, and if it does, the next step will be a summons. The court will send legal notices to all interested parties telling them about the pending litigation and informing them of their rights and obligations.
There will then be hearings, but in preparation for the hearings, both sides first engage in discovery and make motions. Discovery is where both sides gather evidence. Both sides can also bring motions to request the court to rule on certain things or take specific actions. The court may also order the parties to enter into mediation at this point.After discovery is finished, there will be a trial, at which both parties can present their evidence and use it to make arguments. The court will make a final decision if no agreement is reached in mediation, and the court’s decision is binding. The goal of the court will be to resolve the dispute while making sure that the deceased person’s wishes are followed.
Wherever you are in the process, we can help. We can help you with estate planning that will protect your beneficiaries from litigation to a large degree and put certain elements in place to discourage anyone from bringing a challenge to your will. If you’re currently in a battle, we have many years of experience in Florida’s probate courts and a determination to fight hard for our clients. Reach out to the Law Office of Elizabeth Devolder in Tampa or Lakewood Ranch, FL today to schedule an appointment.chat
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