Probate & Estate Law

PRACTICE AREAS

Probate and Estate Administration

Probate (also known as estate administration) is a process where assets that are owned in the name of a deceased person are transferred to the proper beneficiaries as determined under Florida law.  Probate can be testate (with a will) or intestate (without a will).  The process involves admitting a will to probate, appointing an administrator, noticing potential creditors, paying proper claims and distributing assets to the proper beneficiaries.  Florida law requires most personal representatives, or executors, have an attorney.

Probate Litigation and Will Contests

Litigation is commonly defined as the procedure of bringing a dispute in front of a judge or jury for resolution.  There are many different issues that can result in litigation in a probate proceeding including: (1) whether a will is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining the meaning of an ambiguous provision of a will, (3) determining who should serve as personal representative, (4) determining who the heirs of the estate are, (5) determining the assets of the estate, (6) determining whether the personal representative has properly managed the trust assets, (7) determining whether a creditor has a valid claim against the estate, (8) determining whether the personal representative and agents of the personal representative have been paid excessive amounts, (9) removal of a personal representative, (10) proper payment and allocation of estate and income taxes, (11) asset distribution issues.

 

There are many different issues that can result in litigation in the administration of a trust including: (1) whether a trust is valid (proper execution, invalidity because of mistake, insane delusion, fraud or undue influence), (2) determining whether a trustee or beneficiary should seek judicial modification of a trust provision, (3) determining the meaning of an ambiguous provision of a trust, (4) determining who should serve as trustee, (5) determining whether the trustee has properly managed the trust assets, (6) determining the assets of the trust, (7) determining whether a creditor has a valid claim against the trust – usually through the estate, (8) determining whether the trustee and agents of the trustee have been paid excessive amounts, (9) proper payment and allocation of estate and income taxes, (10) asset distribution issues.

Contact Us for a Probate or Estate Consultation

If retained to handle your case, we will fight to protect your record, rights and freedom. To speak with a probate or estate lawyer at our firm about your legal needs, contact our law office in Live Oak, Florida. To schedule a free consultation, call 386-208-1080 or click here.

Sellers, Taylor & Morrison, P.A.

Law Firm | Live Oak, Florida

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Phone: (386) 208-1080

Facsimile: (386) 208-1090

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