What Probate Disputes are Common in Florida?
Whether you have recently lost someone you love or you are just starting to create an estate plan for yourself, you may have to consider the probate process at some point. The probate process is a process, overseen by the court, that settles a person’s estate after they pass away. During the process, assets are gathered and valued, remaining debts are paid, and any property that remains is distributed among the beneficiaries.
It is not uncommon for issues to arise during the probate process and sometimes, they require litigation. Resolving these disputes can create other issues, such as delaying the probate process even longer. Below, our Tampa probate lawyer explains some of the disputes that are most common during probate.
Common Disputes that Arise During Probate
Any time beneficiaries, creditors, the personal representative, or others disagree, it can result in a probate dispute. Some of the most common types of probate disputes are as follows:
- Validity of a trust or will: Proving, or validating, the will is one of the first steps in probate. Anyone with an interest in the estate, such as beneficiaries, may argue that a will or trust is invalid. Individuals may claim that the testator, or person who drafted the document, was under undue influence when drafting the document, or that other issues, such as a forged signature, invalidate a will or trust.
- Trustee or personal representative disputes: One or more parties may argue that the trustee or personal representative mismanaged assets within the estate, breached their fiduciary duty, or otherwise acted in bad faith.
- Beneficiary disputes: Beneficiaries may not agree on how property is distributed and argue that they have a right to a greater share of the estate.
- Creditor claims: If creditors believe the deceased owed them a debt, they can file a claim against the estate to recover the debt. Personal representatives and beneficiaries may dispute these claims.
Resolving Probate Disputes
While it is always advised that individuals involved in a case try to avoid probate disputes, this is not always possible. However, this does not always involve litigation. Going to court to resolve a probate dispute will only add to the cost and time involved in the process.
Mediation is often an effective way to resolve probate disputes. All parties involved in the dispute meet with a neutral mediator who fosters compromise and communication between the disputing parties. Mediators do not make any final decisions. Instead, they help the differing sides find a resolution that works for all parties.
Our Probate Lawyer in Tampa Can Help Resolve Your Dispute
Probate disputes can present many challenges and it is important to resolve them as quickly as possible. At Messina Law Group, P.A., our Tampa probate lawyer can advise on how to avoid disputes during the process and help you resolve them when they do arise. If you are about to go through probate, or you want to help your loved ones avoid the process, call us now at (813) 492-7798 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
