Will Contests and Probate Litigation in Florida
In the complex realms of estate planning and elder law, nothing is more disruptive than disputes over the legitimacy or execution of a will. At Drude Tomori Law, we understand the emotional turmoil and legal complications that can arise from these conflicts. Our lead attorney, Rachel Drude-Tomori, is an experienced legal advocate, counselor and litigator, as well as a creative problem solver who listens, understands, and tailors custom solutions to meet the unique needs, goals, and family dynamics of each client. If you find yourself facing a will contest or other probate litigation as a personal representative, trustee, heir or beneficiary, or other interested party, reach out to Drude Tomori Law for advice and assistance. From our office in St. Petersburg, we represent individuals and families in communities throughout Florida, including Lakewood Ranch, Sarasota, Miami, and others.
Why Might Someone Contest a Will?
When a person dies, their will is the legal document that dictates how their estate should be divided, and probate is the legal process through which this occurs. Yet, the probate process can be interrupted if someone believes the will is not valid or correct and decides to contest it. There are several grounds on which a will can be contested in Florida:
- Undue Influence: This occurs when the testator (the person who wrote the will) was coerced or manipulated into making a will or making changes that they wouldn’t have made under normal circumstances.
- Lack of Capacity: If the testator did not have the mental capacity to understand the implications of their decisions when they signed the will, it could be contested.
- Improper Execution: For a will to be valid in Florida, it must meet certain legal requirements, such as being signed in the presence of two witnesses. If these requirements were not met, the will can be contested.
- Fraud: If the testator was deceived or tricked into signing the will, it can be contested on the grounds of fraud.
Other Types of Probate Litigation in Florida
Apart from will contests, other types of probate litigation can emerge under Florida law as well. These include:
- Trust Disputes: These disputes often arise due to issues such as breaches of fiduciary duty, unclear terms in the trust, or disputes among beneficiaries.
- Guardianship Litigation: When a person becomes incapable of making their own decisions, a legal guardian may be appointed. Disputes can occur over who should be appointed as a guardian or how the guardian is handling their responsibilities.
- Estate Administration Litigation: Sometimes disputes arise over how the executor or personal representative is managing the estate. This can involve allegations of mismanagement, theft, or neglect of duties.
- Creditor Claims: After a person’s death, creditors may make claims against the estate. Disputes can occur over the validity of these claims or how they should be paid.
At Drude Tomori Law, we understand that probate litigation is not just about the legal proceedings. It’s about understanding the unique dynamics of each situation, listening to the needs of our clients, and finding creative solutions that serve their best interests.
Navigating probate litigation requires not only a deep understanding of Florida law but also a compassionate, understanding, and problem-solving approach. Rachel Drude-Tomori and the team at Drude Tomori Law, PA, bring this unique combination to every case. We ensure that our clients are heard, understood, and represented to the fullest extent, making an otherwise challenging situation more manageable and less stressful.
Contact Drude Tomori Law Today
Remember, in legal matters, as in life, one size does not fit all. If you or your family are facing will contests or other types of probate litigation, do not hesitate to reach out to us for a consultation. We will listen to your needs and tailor a solution that meets them. Let us help you traverse the complexities of probate litigation in Florida with the utmost care, expertise, and dedication.
