Common Triggers for Probate Litigation in Florida

Many residents in Florida plan their estate to ensure their property smoothly transfers to their loved ones after they pass away. However, even plans that were carefully crafted can end up in a contentious courtroom battle. The unique demographics in Florida, such as common second marriages, a high concentration of retirees, and complicated blended families, make the state a hot spot for probate litigation.

Probate is the legal process of settling a person’s estate after they pass away and any interested party can bring forward challenges and contests. It is important to know what triggers these disputes to protect family harmony, and your legacy. Below, our New Port Richey probate lawyer explains some of the most common disputes that arise during the process.

Lack of Testamentary Capacity

Testamentary capacity simply refers to the fact that a person must be of sound mind when drafting a will, trust, or other estate planning document. A person must understand the purpose of the documents they are drafting and the impacts of them. If a testator was under the influence of heavy medication or suffered from Alzheimer’s or dementia when drafting the paperwork, it could give rise to a dispute.

Undue Influence

Florida courts take undue influence very seriously. This occurs when a person such as a neighbor, loved one, or a caregiver places so much pressure on a person that the will does not reflect the testator’s own wishes. Under state law in Florida, if a person stands to benefit from a will and was actively involved in procuring a will, a presumption of undue influence could arise, particularly if that individual had a personal relationship with the decedent.

Improper Execution

Florida law outlines strict requirements wills must meet in order to be valid. According to the law, all wills must meet the following requirements:

• Must be in writing
• Must be signed by the testator at the end of the document
• Must be signed by at least two witnesses in the presence of each other and the testator

If a handwritten will or a do-it-yourself template does not meet these specific standards, the court may throw it out entirely. This can result in a long legal battle about how property is distributed under Florida’s intestacy laws.

Breach of Fiduciary Duty

The personal representative is the individual who administers the estate under the supervision of the court. The personal representative has a fiduciary duty to the estate and must act in its best interests. If they engage in self-dealing, which involves them selling property of the estate to themselves or others at a discount), fail to provide a timely accounting of property, fail to pay estate taxes, or mishandle investments, beneficiaries may file a formal Petition for Breach of Fiduciary Duty with the court.

Our Probate Lawyer in New Port Richey Can Help with Your Dispute

If you have a probate dispute, or want to help your loved ones avoid them, our New Port Richey probate lawyer at Messina Law Group, P.A. can help. Call us today at (813) 492-7798 or contact us online to schedule a consultation with one of our experienced attorneys.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html