Probate Litigation Attorney | Orlando
Should I add my family member’s name on my assets and avoid a will?
What documents should I have in my estate plan that will help me plan for long-term care?
Unfortunately, probate does not always go smoothly. A will may be contested in court when the decedent had multiple wills or when there were many handmade amendments. Is such a will even valid? The court will decide, and an attorney will be necessary to protect your interests as a beneficiary or probate administrator. Our Orlando probate litigation attorneys assist clients with a wide range of probate litigation issues, including the following:
● Will contests
● Trust contests
● Breach of fiduciary claims
● Disputes over the management of the estate
● Disputes over an accounting of the estate
● Inter-family disputes
Factors that Suggest a Probate Dispute is Likely
There are certain factors that are likely to lead to probate dispute and possibly litigation. These instances, according to the American Bar Association (ABA), include the following:
● When the decedent had a second (or third) marriage;
● When some or all of the decedent’s children were left out of the will entirely;
● When one child is bequeathed much more than the other;
● When a child becomes the parent’s caregiver and takes over their financial affairs at the same time;
● When non-family members or distant family members influence a will; and
● When an executor is taking a long time or makes errors;
What is Undue Influence?
According to the American Bar Association, undue influence occurs when a testator’s free will is “usurped by the will of another,” and such “manipulation of a person’s free will is essentially a psychological phenomenon.” Your attorney must be able to show what the testator’s real intentions were in order to prove undue influence, which is certainly a real concern among the more elderly and frail of testators.
Orlando Probate Attorneys for All Types of Will Contests
There are many reasons why a party would challenge a will. They may believe that another person used undue influence to alter the will, or that the probate administrator has violated their fiduciary duties. Whatever the specifics for contesting, the reasoning is usually that the beneficiary felt that they were unfairly left out and that there is wrongdoing on the behalf of another party. Challenges against a will may stem from the following:
● The decedent lacked testamentary capacity;
● The will was subjected to fraud, undue influence, or coercion;
● The will was not properly witnessed or executed; or
● The will contains errors.
Who We Serve
Our law attorneys assist a wide variety of clients, including heirs, beneficiaries, and omitted heirs in will contests, in addition to all of the following parties:
● Personal representatives;
● Conservators; and
Contact the Law Offices of an Experienced Orlando Probate Litigator Today
When a will is contested, or when you wish to contest a will yourself, you need an experienced attorney that has intimate knowledge pertaining to all matters of probate law. Call Sperling Ducker PLC today for immediate assistance. Our lawyers have been assisting clients in elder and probate law since 1999.
Struggling with child custody or a divorce? Not sure how to plan for you or a loved one’s elder care? If you are seeking legal representation contact Sperling Ducker PLC, Attorneys and Counselors at Law. Call us at 407-645-3297 or send us a send us a message. Visit our Winter Park and Orlando office. Sperling Ducker serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.