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WILL, TRUST AND FIDUCIARY LITIGATION

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  • WILL AND TRUST CONTESTS
  • UNDUE INFLUENCE
  • LACK OF CAPACITY
  • BREACH OF FIDUCIARY DUTY
  • SPOUSAL RIGHTS
  • WILL AND TRUST INTERPRETATION
  • GUARDIANSHIP LITIGATION

Litigation in this area can involve (1) Will contests in the probate division related to undue influence or incompetency  (2) non-probate Trust disputes involving similar issues in the general civil division (3) challenges to ownership of jointly-held accounts or beneficiary designated assets (4) Will or Trust interpretation when ambiguities exist or (5) the determination, removal and/or surcharge of a Personal Representative or Trustee.

If you are considering contesting  a Will or the appointment of a Personal Representative, Florida law provides certain time periods in which you may have to act or lose your rights. Sometimes, a quick response can avoid years of problems and expense.  For example, a Caveat may be filed prior to the appointment of a Personal Representative, and a timely Petition to Revoke Probate or to remove the Personal Representative is necessary if served with a Notice of Administration.

You should address your dispute at the earliest possible time, and be represented by an aggressive litigation attorney, who is an expert in wills, trusts and estates, and who will be your advocate during litigation, mediation and trial.